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UNITED STATES OF AMERICA. 


















1 









A 


TEACHERS’ MANUAL 

TO ACCOMPANY 

STUDIES IN CIVICS 



James T. McCleary, M.C. 

i • 

LATE OF THE STATE NORMAL SCHOOL, MANKATO, MINNESOTA 

\ 



OiR 

& o 


18S5 

/ 


NEW YORK CINCINNATI •:* CHICAGO 
AMERICAN BOOK COMPANY 
1895 






V \ 

\ 


Copyright, 1895, 

BY 

American Book Company. 


Iprintcb at 
Cbe Eclectic IPresa 
Cincinnati, TH. 5. a. 


CONTENTS 


PAGE 

General Suggestions. 5 

Preliminary Chapter.. 9 

PART I. GOVERNMENT WITHIN THE STATE. 

SECTION 

I. The Town. Organization; Town-Meeting; Main¬ 
tenance of Roads, etc.11 

II. The Schools.29 

III. Administering Justice. 34 

IY. The Incorporated Village.40 

Y. The City.42 

YI. The County.44 

VII. Establishing Justice in the County.51 

PART II. THE STATE. 

VIII. State Constitutions. 60 

IX. The Legislative Department.65 

X. The Executive Department.68 

XI. Other State Officers.72 

XII. The Judicial Department.73 

XIII. Retrospect and Prospect.77 

PART III. THE NATION. 

XIY. The Causes of the Revolution.80 

XV. The Origin of the Constitution.83 

XVI. Structure of the Legislative Department . . 91 

3 




















4 


CONTENTS. 


SECTION PAGE 

XVII. Powers of Congress. 114 

XVIII. The Executive Department. 145 

XIX. The Judicial Department. 164 

XX. The Delations of the States. 173 

XXI. Modes of Amending the Constitution . . . 181 

XXII. Miscellaneous Provisions — Ratification of 

the Constitution.185 

XXIII. The Amendments.194 

PART IV. GOVERNMENT IN GENERAL. 

(See Studies in Civics , page 244.) 

PART V. COMMERCIAL LAW. 

XXIV. Contracts. 214 

XXV. Agency. 219 

XXVI. Partnership. 220 

XXVII. Corporations. 223 

XXVIII. Commercial Paper. 225 

Index.235 














GENERAL SUGGESTIONS. 


The Use of this Book. — This book is intended to give 
information not easily obtainable, and to fortify the teacher 
for his work by giving him assurance of the correctness 
of his conclusions. 

It is, of course, not intended for the use of the pupils. 
The truth cannot be too frequently reiterated that it is 
by his own thinking that the pupil becomes mentally 
strong, by his own searching that he learns how to find 
information; and that power is quite as essential an end 
to be sought as knowledge. He is a wise teacher who 
knows Avhere to extend the helping hand — who knows 
when to speak the “ word in season ” that saves from dis¬ 
couragement and loss of time, and when to withhold the 
assistance that weakens. 

At the end of each chapter are given references, so 
that the teacher may set the pupils to work reading for 
themselves. It would be well for the teacher to gradu¬ 
ally build up a reference note-book, giving the exact page 
where each point is discussed. 

The Pertinent Questions. — These were inserted in Studies 
in Civics not as a burden to either teacher or pupils, but 
as a stimulus and help. 

It is not necessary that they should all be answered in 
class — or elsewhere, for that matter. Those that remain 
unanswered serve their purpose if they cling to the mem- 

5 



6 


GENERAL SUGGESTIONS. 


ory and prepare the student to welcome information on the 
point covered. A question is an intellectual plow, ripping 
up the soil and preparing it for seed. 

The Questions for Debate. — The form of these has no 
relation to the opinions of the author. The principle on 
which they were framed was this: Give the affirmative 
to the person proposing a change from present practice. 

References. — The pages in Studies in Civics from which 
the questions are taken are indicated in the margin of each 
page. 

For convenience the questions and answers are put up 
in different styles of type. 

Questions referring to purely local matters cannot be an¬ 
swered in this book, and are therefore omitted. The pur¬ 
pose of inserting them was to aid the pupils in connecting 
the school world with the real world. And their value 
would be lost if the answers were not sought by the pupils 
from outside sources. 

In making references to the United States Constitution 
the following method is used: The Article is indicated by 
a Roman numeral; the Section by an Arabic numeral im¬ 
mediately following; and the Clause by an Arabic numeral 
preceded by a colon. Thus, II. 1: 3 means Article two, 
Section one, Clause three ; I. 2 : 4, 5 indicates Article one, 
Section two, Clauses four and five. 

A Pupil’s Scrap-Book. — One of the most useful and help¬ 
ful devices for carrying out the suggestions “ To Teachers,” 
paragraphs 5 and 8, is that of requiring each pupil to pre¬ 
pare a scrap-book, containing clippings from newspapers, 
selected and arranged by himself. A five-cent blank-book 
three by six inches, or thereabouts, may be used. A leaf 
is devoted to each scrap and the pupil’s comments upon it. 
These comments are to be brief but explicit, and are in- 


A PUPIL'S SCRAP-BOOK. 


I 


tended to show that the pupil sees the relation between 
the clipping and the statement of the text-book which is 
illustrated by it. 

A page of the scrap-book would look something like 
this : — 


(clipping.) 


U. S. DISTRICT COURT. 

Duluth, June 3 {Special) . — In the District 
Court this morning, John Smith was sentenced 
by Judge Nelson to eighteen months at hard 
labor in the St. Cloud Reformatory, for stealing 
letters while employed as a postal clerk. And 
Thomas Jones was sentenced to three months 
in the county jail for selling liquor to Indians. 


(pupil’s COMMENT.) 

This clipping illustrates the statement in McCleary's 
Civics , page* 210, “ The U. S. District Court has jurisdic¬ 
tion over . . . crimes cognizable by the United States (not 
capital ) committed within the district .” The mails and 
dealings with the Indians are under national control, and so 
these crimes are ‘ ‘ cognizable by the United Statesand are 
punishable by the U. S. District Court. 


As practiced in the Mankato Normal School, each pupil 
is required to prepare a minimum of forty scraps, is given 
two months to do it in, and is credited ten per cent in his 
final examination for the book prepared as directed. 







LIST OF BOOKS REFERRED TO. 


Alton’s Among the Lawmakers, $2.50, Chas. Scribner’s Sons, New York. 

Bancroft’s History of the Constitution, $2.50, D. Appleton & Co., New York. 

Brooks’s Century Book for Young Americans, $1.50, Tlie Century Co., New 
York. 

Bryce’s American Commonwealth , $2.50, Macmillan & Co., New York. 

Dole’s Talks about Laic, $2, Houghton, Mifflin & Co., Boston. 

Fiske’s Civil Government, $1, Houghton, Mifflin & Co., Boston. 

Lessons on Practical Subjects, 400., Little, Brown & Co., Boston. 

Lieber’s Civil Liberty and Self Government, $3, Lippincott & Co., Philadel¬ 
phia. 

Macvane’s Political Economy, $1, Maynard, Merrill & Co., New York. 

Macy’S Our Government, 750., Ginn & Co., Boston. 

Martin’s Civil Government, 900., American Book Co., New York. 

Mason’s The Veto Power, $1, Ginn & Co., Boston. 

Money and the Mechanism of Exchange, $1.75, D. Appleton & Co., New York. 

Nordhoff’s Politics for Young Americans, Harper & Brothers, New York. 

Story On the Constitution, 900., Harper & Brothers, New York. 

Wilson’s Congressional Government, $1.25, Houghton, Mifflin & Co., Boston. 

Wilson’s The State, $2, Ginn & Co., Boston. 

Tribune Almanac, 250., The Tribune, New York. 

World Almanac, 250., The World, New York. 

Publications of U. S. Government. They may be obtained through a mem¬ 
ber of Congress. 

(Among the more useful of these are : The Congressional Directory, the Man¬ 
uals of the Senate and of the House, Maps of the U.S. Survey, Reports of 
Departments, the Congressional Record, the Statistical Abstract, etc.) 

Reports of Executive Departments of the State, to be obtained 
through the Pleads thereof. 

State Legislative Manual, to be obtained through the Secretary of State 
or a member of the Legislature. 

The Revised Statutes of the State, various prices, to be obtained 
from the authorized publisher. 

The Revised Statutes of the United States, $2.50, to be obtained 
through the Secretary of State. 


8 



MANUAL OF CIVICS. 


PRELIMINARY CHAPTER. 

Would government be necessary if man were morally perfect ? 

Yes. It would not be necessary, perhaps, in order to 
establish justice or to provide for the common defense 
(though even the best people differ in opinion) ; yet some 
kind of organization would be required to carry on the 
necessary public works, and this organization would be 
the thing now called government. It might not be called 
by that name. 

Why is this organization of society called government ? 

Because it exercises control and uses compulsion. In an 
absolute monarchy (an early form of government) this con¬ 
trol is easily seen. But even in a pure democracy the 
term is appropriate, for control is exercised. The minority 
must submit, even against their best judgment. All must 
do what seems best to the governing element. 

Minor Query. — What are the “obvious reasons” for intrusting 
the common defense to the general government? 

If the pupils are at all thoughtful they will give reason¬ 
ably satisfactory answers to this. They can readily see 
that this arrangement is better than leaving each State to 
make such provision, because: (a) It presents a stronger 
front to the foe. All are stronger than any one. This 
fact will serve a double purpose. It will serve to save 

9 


Studies 

in 

Civics, 
p. 12. 



10 


WHAT IS GOVERNMENT FOB? 


Studies 

in 

Civics, 
p. 12. 


us from “ entrance to a quarrel,” because tbe foe will 
hesitate to attack so strong an adversary; and, if necessary 
to fight, we shall be more certain of victory. ( b ) The plan 
favors peace among the States, “ insures domestic tranquil¬ 
lity.” If each State kept a standing army, there would 
be endless quarreling. 


SUGGESTIONS. 

The first time that a pupil reads this chapter he will only appre¬ 
hend it. It can be comprehended only when considerable thought 
has been given to it, say when the text-book has been finished. It 
will not be fully comprehended even then. 

Its meaning will gradually become clearer if the teacher will make 
frequent, almost daily, reference to it. No review of a chapter is 
complete without such reference to “ first principles.” For example, 
in reviewing Chapter VI., pupils should enumerate the “ public 
works” carried on by the county (roads, poor, supervision of schools, 
etc.), and specify the officers (commissioners, surveyor, superintend¬ 
ent of schools, etc.) connected therewith; what the county does to 
“ establish justice,” and the officers (probate judge, sheriff, coroner, 
etc.) for the purpose. 

Students will soon see, too, that each organization has two other 
classes of officers — those who collect and care for public moneys, and 
those who simply keep public records. 


PART I. 


•GOVERNMENT WITHIN THE STATE. 


SECTION I. 

(Referring to “ Studies in CivicsChapter I.) 

Why do we have such divisions of a township ? 

Eor the purpose of locating definitely each portion of 
land, and thus preventing disputes as to boundaries. 

What is the difference between a township and a town ? 

Township is a geographical term, referring to the land. 
Town is a political term, referring to the political organiza¬ 
tion covering, usually, a township. A township is desig¬ 
nated by a number; a town by a name. The township 
exists before the town. 

Should there be one [supervisor] or more than one? 

More than one, for “ in many counselors is wisdom.” 

How many are there ? 

In most States, three. In a few States, only one. The 
aim is to have an odd number to prevent a “ deadlock.” 

What is the recording officer [of a town] called ? 

The town clerk. It would be well at this point to direct 
attention to the fact that the secretary of any organization 
is always ex officio the custodian of its papers and the 
drawer of orders on its treasurer. Thus a clerk has three 
characteristic duties: to record proceedings, to issue orders 
and notices, and to act as custodian of papers. 

11 


Studies 

in 

Civics, 
p. 14. 



12 


GOVERNMENT WITHIN THE STATE. 


Studies 

in 

Civics, 
p. 14. 


What is the officer called [who has charge of the town funds] ? 

The town treasurer. It will be noted later that the 
name “ treasurer ” is used to designate this officer in every 
organization. 

How is he kept from misappropriating the public funds ? 

Briefly stated, the answer is as follows: — 

1. He is required, when “ qualifying ” for the office, to 
give a bond with good and sufficient sureties. 

2. He must keep accurate record of all moneys received 
and paid out, noting persons and purposes. 

3. His books are examined at the close of the year, and 
are subject to examination at other times. 

Somewhere in his course a student should make careful 
study of an official bond. It is called for in Studies in 
Civics, on page 17, but it may be introduced sooner or later 
than that. 

Regarding the second provision above enumerated, some 
thoughtful student will probably ask (and if not the 
teacher should ask), How can it be known, aside from his 
books, how much money the treasurer has received and how 
much he has paid out ? 

The answer to the first question is, “ By the receipts.” 
Whenever he receives any money he gives a receipt, and 
makes a duplicate on the “stub” in his book of blank 
receipts. If he should fail to make entry of the money 
in his cash book, these receipts could be used against 
him. 

The amount of money paid out can easily be kept track 
of by the town clerk, because the treasurer has 110 authority 
to pay out any of the town money except on the order of 
the clerk. And the clerk’s order is the treasurer’s voucher. 

What is the officer called [who values property for taxation] ? 

The assessor usually, though in some States other names 
are used. 


THE TOWN. 


13 


Is any property exempt from taxation ? Why ? 

Yes. For classes of property exempt, see Studies in 
Civics , p. 316. Public property is exempt because it would 
be a useless expense to tax it. The money would be paid 
out and then received back again. The assessor, tax-col¬ 
lector, etc., would have to be paid; and the money would 
simply return to where it was. This proceeding would be 
like paying a man for taking money out of your pocket 
and returning it again. 

The property of educational, charitable, and religious in¬ 
stitutions is exempt because it is believed to be good public 
policy to encourage such works as they are engaged in. 

A certain amount of personal property is exempt as a 
favor to the poorer members of the community. This 
arrangement excuses some entirely from the payment of 
taxes who would otherwise have to pay. To make it 
apparently fair, all, rich and poor, have the same allow¬ 
ance, usually a hundred dollars. 

Just how is the value of real estate ascertained? 

The assessor personally views each forty in the country, 
and each lot in villages and cities, and puts his own esti¬ 
mate upon them, noting the value of each in a book pro¬ 
vided for the purpose. He may also consult the owner. 

Note. — A blank page from an assessor’s book can easily be 
obtained from the auditor or clerk and used for illustration. 

In some places real estate is assessed only once in two 
years. 

The value of personal property? 

The assessor, taking a “list of the articles subject to 
taxation,” asks each property owner how many of each he 
has, and the value of each. The property owner answers 
upon oath. The assessor need not accept the statements 
or valuations of the owner, if he does not deem them 
trustworthy. 


Studies 

in 

Civics, 
p. 15- 


14 


GOVERNMENT WITHIN THE STATE. 


Studies 

in 

Civics, 
p. 16. 


Personal property is assessed every year, probably be¬ 
cause it is so changeable. 

What are the officers [havingimmediate care of the roads] called? 

Pathmasters or road overseers. 

How many justices of the peace in each town? Why? 

Two. Because, first, one of them might (from sickness, 
absence, kinship to one of the parties to an action, or other 
cause) be unable to serve, in which case the other would 
be needed. Second, this number makes it possible to so 
choose the justices as to have one of them easily accessible 
from any part of the town. 

Two questions are here sometimes asked by pupils: Do 
both justices act in the trial of a suit ? Can a suit be tried 
by a justice of another town? The answer to the first is 
No ; to the second, Yes. 

What is the extent of the jurisdiction of a justice ? 

Territorially, the county. As to amount at controversy, 
see Studies in Civics , pages 296, 297. 

What are the officers [who serve papers] called ? 

Constables. 

How many in each town ? Why ? 

Two. That they may be accessible. 

Name some State in which the other [town or district] system 
prevails. 

The district system prevails in Minnesota, Wisconsin, 
and many other States. The town system in Illinois, Indi¬ 
ana, Massachusetts, and many other States. 

When is town-meeting held ? 

In some States in March, in others in April, but always 
in the early spring. (See Studies in Civics , page 323.) 

How is notice given ? 

The town clerk gives notice by posting announcements 
in several conspicuous places in the town ten days in 
advance. 


THE TOWN. 


15 


How is it known who may vote P 

The classes of persons who may vote are designated in 
the State constitution. (See pages 300, 301, Studies in 
Civics.') In some States registration is required. That is, 
persons entitled to vote must list their names and resi¬ 
dences with the supervisors before election day. This is, 
however, not usually required in towns, because the popu¬ 
lation is, unlike that of villages and cities, quite perma¬ 
nent, and everybody is known by his neighbors and the 
officers. 

Who are judges of election? 

The town supervisors. 

How many clerks are there ? 

Usually two, the town clerk being one. 

How is voting done ? How are the votes counted and the results 
made known ? What reports are made ? 

These questions are answered in general on pages 324, 
325, of the Studies in Civics. For specific answers in any 
State, consult the statutes of the State. 

Give reasons for each provision. 

Elections are held in the spring in order that the im¬ 
provements agreed upon may be made during the summer. 

Tuesday is election day, generally. This is probably 
partly from custom, and partly to allow considerable time 
before the next Sunday in which the officers-elect may 
qualify. The ten days of notice, too, will, with Monday 
or Tuesday for election day, include* two Saturdays and 
Sundays, the days upon which people (farmers) are most 
likely to be moving about so that they may see the notices. 
Monday may be needed, too, for preparation. Monday is 
less frequently selected than Tuesday, perhaps because it 
is “ wash-day.” This may seem trivial, but these ques¬ 
tions are determined by little matters of convenience. 


Studies 

in 

Civics, 
p. 16. 


16 


GOVERNMENT WITIIIN THE STATE. 


Studies 

in 

Civics, 
p. 16. 


The notices are given by posting rather than by publica¬ 
tion in a newspaper, because all, even those who take no 
paper, may thus be reached. Sometimes a number of “ con¬ 
spicuous places for posting notices ” are designated by 
the people at the annual meeting, and permanent bulletin 
boards are there erected. This provision is certainly to 
be commended. 

It is presumed that any one personally known to the 
supervisors, who presents himself as a voter, has a right to 
vote. If any one doubts his possession of the requisite 
qualifications, the vote may be “ challenged.” Then before 
the vote will be accepted the person desiring to cast it 
must convince the judges of his right to do so. They may 
require him to answer on oath certain questions prescribed 
by law. (For these, consult the statutes.) 

Some persons must supervise the election, and one of 
two things must be done: either persons must be chosen 
for this special purpose, or the supervision must be in¬ 
trusted to persons already selected. It would seem useless 
to make a special appointment when officers so trustworthy 
as the supervisors are ready to serve. 

There are two clerks in order that the chances for error 
may be reduced to the minimum. Their 66 tally-sheets ” 
will agree, if both are correct. The clerks are, when prac¬ 
ticable, of different political parties. 

Why voting is done as it is, is told in Studies in Civics , 
page 324. 

The method of counting is a necessary consequence of 
the method of voting. (See Studies in Civics, page 324.) 
Where the Australian system is used the method is somewhat 
different. This may be learned by consulting inspectors. 

The result of the vote is made known then and there as 
the most expeditious and least expensive mode of announce¬ 
ment. The candidates for these town offices usually re¬ 
main to hear the result personally. 


THE TOWN. 


17 


County officers are notified of the election of those with studies 
whom they are likely to have official relations. Thus the * n 
auditor is given the names of the supervisors, the clerk, p . X 6. 
the treasurer, and the assessor j the clerk of the court, the 
names of the justices and constables. These names are 
reported by the town clerk. 

Can a person vote by proxy ? Why ? 

No. For several reasons. First, such a practice would 
open up opportunities for fraud. Second, one whose inter¬ 
est in the public weal is not sufficient to cause him to 
attend the election, even at the expense of a few hours’ 
time, is not regarded as worthy of having a voice in the 
matter. 

What is to prevent a person from voting more than once? 

He is prevented from voting in more than one place by 
the fact that a person can vote only in the voting precinct 
in which he resides. He cannot vote more than once in 
the same place, from the fact that when he has voted his 
name is checked off. If he should attempt to vote again, 
he would be detected by the check on the list. 

What may be done in case there are more [than 420 voters] in 
the town ? 

If thought best the town may be divided into two or 
more voting precincts. This would not be best unless 
there were many more voters than could be accommodated 
at one polling-place, because quite a percentage of those 
legally entitled to vote always remain at home. 

How are road overseers elected ? In what part of the day ? 

Why then? 

By viva voce vote of the people of the respective dis¬ 
tricts. Usually just after the noon hour, or from one to 
two, the hour for general business. Because that is the 
time when the largest number of voters can be, and are 
likely to be, present. 


18 


GOVERNMENT WITHIN THE STATE. 


Studies 

in 

Civics, 
p. 16. 


What other business is transacted at town-meeting ? 

The determination of the number and character of the 
public improvements to be undertaken the coming year, 
and the voting of the necessary money. 

The supervisors (who, from their opportunities, are bet¬ 
ter informed than the other citizens as to needs of the 
town) propose most of the improvements for the consid¬ 
eration of the people, with an estimate of the cost. If 
any individual dbsires an appropriation for any object 
not proposed by the supervisor, he may propose the appro¬ 
priation himself. 

The people “ learn the nature and expense of last year’s 
improvements” by listening to the report of the super¬ 
visors, which is read during the “hour for general busi¬ 
ness ” before mentioned. 

Give four reasons for our having towns. 

I. Practical reasons: 

1. To carry on local public works. j 

2. To “ establish justice ” in minor j- General. 

matters. 

3. To serve as an election district. 

4. To serve as an assessment- district. 

II. Theoretical reason: 

1. To give the people opportunity for exercise in 
self - government, experience in managing 
affairs of common interest. 


Special. 


SUGGESTIONS. 

If your school is in the country, do not hurry over this chapter. 
Do solid work. Send the pupils to their parents with questions. 
This subject is one with which you may easily set the whole district 
thinking, and thus you may make the school really an intellectual 
center. Teachers in villages and cities need not, of course, do more 
than get a general view of the matter in this chapter, and may omit 
much of the “ practical work.” 


THE TOWN. 


19 


Pupils should see that, of the “reasons for the town,” the first 
two are like those for government in general, and that these are for 
the town’s own sake; that the second two make the town chiefly a 
division for the sake of the larger organizations. They should be 
able to classify the town officers thus: — 

I. For carrying on public works: 

1. The supervisors, to have general charge. 

2. The clerk, to keep the record of work determined 

upon. 

3. The treasurer, to act as custodian of the necessary 

money. 

4. The road-overseers, to take immediate charge of road¬ 

work. 

II. For establishing justice: 

1. The justices of the peace, to preside at minor trials. 

2. The constables, to execute their decrees. 

III. For the town as an election district: 

The supervisors and the clerk, plus an added clerk pro 
tern. 

IY. For assessing property: 

1. The assessor, to make the original estimates. 

2. The supervisors, to review them. 

On the magnitude of the importance of the “theoretical” reason 
(which, by the way, is in the best sense a very practical reason), see 
American Institutions , by De Tocqueville, pp. 58, 63-65; Lieber’s 
Civil Liberty and Self Government , various chapters; Nordhoff’s 
Politics for Young Americans , pp. 29, 45; Scott’s The Development 
of Constitutional Liberty, pp. 177-180; Studies in Civics , pp. 246, 
247. It is very desirable that pupils get into the habit of going to 
original sources of information, so they should be frequently sent 
to the statutes for answers to questions. They will soon learn to 
enjoy this kind of work. 

Give reasons for each step [in organizing a town]. 

If a person wants anything, it is natural for him to ask 
for it. A formal asking is called a j petition , from the Latin 
peto, I ask. This is a very common way of beginning pro¬ 
ceedings for the securing of an object desired by private 
citizens, especially when addressing a board or body in 
authority. (When a number of citizens, in convention 


Studies 

in 

Civics, 
p. 16. 


20 


GOVERNMENT WITHIN THE STATE. 


studies assembled, desire to express their opinion in regard to any 
Civics ma ^ er > they usually do so by resolution .) 
p . i 7 . ’ This petition is addressed to the county commissioners, 
probably because they have general charge of county af¬ 
fairs. This is in line, too, with the formation of coun¬ 
ties and States, as the student will afterwards see. The 
towns make up the county (for villages and cities are only 
concentrated towns), and are established by the county 
legislature, that is, the commissioners. The counties form 
the State, and they are established by the State legislature. 
The States make up the nation, and they are established 
by the national legislature, or Congress. 

The order is signed by the commissioners to express their 
assent to it, and is attested by the auditor to show that it 
has been properly executed. His seal gives it official stand¬ 
ing, and authenticates it. Theffiling and recording are for 
the purpose of furnishing proof of the legal existence of 
the town if this should ever be called in question, as might 
be done, for instance, if the town should be a party to an 
action at law. 


HOLDING ANNUAL MEETING. 

Note. — It is both interesting and profitable to the pupils to go 
through all the forms of holding an election. The “preliminary” 
part maybe taken care of in either one of two ways: The pupils may 
simply answer the questions; or the teacher may appoint a number 
of students to prepare the reports. The latter is the better way, but 
of course it takes time. Still, by apportioning the work a day or two 
in advance, it can easily be done. One pupil may act as town clerk, 
another as treasurer, another as chairman of the town board, and 
another as road-overseer. These, by referring to the statutes, can 
find out what to do and exactly how to do it. They could scarcely 
be engaged in more profitable work. It will, among other things, 
teach them to read with care and obey exactly; it will give them a 
notion of the care with which these things are attended to among 
men, and thus not only help them desire to form orderly habits, but 
also enhance their respect for their fathers and those in authority. 


21 


TO WN—MEE TIN G. 

In short, it will aid in making them more heedful, considerate studies 
pupils, and work in the direction of making them good citizens. in 

The road-overseer will have to make up his report first, then the Civics, 
town, treasurer, and finally the supervisors. Let the treasurer report p * I7 ' 
moneys received from the county treasurer, if in a State where this 
officer is the collecting agent, and then imagine sums paid out to 
different persons. Let the supervisors imagine several such reports 
as that made by the one road-master. Or, if the class be large 
enough, three or four overseers may be appointed. 

What report does each road-overseer make to the supervisors ? 

1. The names of all persons assessed to work on the 
highways in the district of which he is overseer. 

2. The names of all those who have actually worked on 
the highway, and the number of days each has worked. 

3. The names of persons fined, and the sum each was 
fined. 

4. The names of those who have commuted, and the 
sums paid. 

5. The manner in which the moneys arising from fines 
and commutations have been expended. 

Unexpended money is paid over to the supervisors. 

(The teacher can get some of the blanks and a good idea 
of the reports by consulting the road-master or town clerk.) 

When is this report due? 

Usually about two weeks before town-meeting. 

What do the supervisors require this information for ? 

In order that they may make to the people at town¬ 
meeting an accurate report of work accomplished during 
the year, and the cost thereof. 

Who gives notice of meeting ? When ? How ? 

Answered before. The student appointed to act as town 
clerk should make out and post such a notice in the school- 
house. The teacher should see that it is dated properly; 
that is, that it allows for the ten days’ notice, and appoints 
the day on which the election for the year actually occurs. 


22 

Studies 

in 

Civics, 
p. 17. 


GOVERNMENT WITHIN THE STATE. 

(In some schools the teachers have the “ mock election ” 
on the actual election day or the day before.) 

When does the town treasurer make his report to the persons 
appointed to examine his accounts ? 

The time varies slightly in different States. The Min¬ 
nesota law says “within five days preceding the annual 
town-meeting,” and this may be taken as typical. But 
this matter should be looked up by students in other States, 
if the statutes are accessible. The point seems to be to 
have the report include as much of the year as possible, 
and yet allow time for the examination of the report, 
books, and vouchers. In most States the Board of Audit 
consists of the supervisors. 

When does this examination take place P 

At the last meeting (sometimes on account of its impor¬ 
tance called the annual meeting) of the supervisors, which 
occurs within a few days preceding town-meeting. 

What is its purpose? 

There are two chief purposes : — 

1. To see that the treasurer has faithfully done his duty 
in caring for the public funds, and if so to let the fact be 
known. 

2. To secure material for a financial report to the citi¬ 
zens assembled at town-meeting. 

This is the time when reports of road-overseers and 
other officers authorized to receive and disburse town 
money are examined. 

Report of supervisors — what, when prepared, and why neces¬ 
sary ? 

The report of the supervisors includes : — 

1. Items of account audited and allowed; in other 
words, a statement of moneys received and paid, when, to 
whom, and what for. 

2. An estimate of the amounts necessary for the ensu¬ 
ing year. 


TO WN-M FETING. 


23 


The report is prepared at the supervisors’ “ annual 
meeting,” referred to above. 

It is prepared for two chief reasons: — 

1. To show the people what was done with their money 
during year just ending. 

2. To afford the people a basis for estimates for the 
coming year. 

Why so many preliminaries ? 

To secure from the different officers the necessary infor¬ 
mation upon which to base intelligent action. 

General View of Bond-An official bond consists of three 

essential and several precautionary parts. A tabular view 
of it may be made as follows, before the class attempts to 
“ fill out ” the bond : — 

I. Essential provisions: 

1. The binding-clause; 

2. The condition; 

3. The signing and witnessing. 

II. Precautionary provisions: 

1. The acknowledgment; 

2. The justification; 

3. The approval; 

4. The filing and recording. 

Binding-Clause and Condition. —With Studies in Civics 
open at page 272, or with a blank bond before them, pupils 
may be shown that the first paragraph constitutes the 
binding-clause, and that the second constitutes the con¬ 
dition, and that the signatures of bondsmen and witnesses 
follow. To make the matter comprehensible to the pupils, 
they should have their attention directed to such familiar 
promises (binding statements) as this: “ I’ll write to you 
if I have time.” They can readily see the resemblance; 
that here the words “ I’ll write to you ” constitute the bind¬ 
ing-clause, and “ if I have time ” is the condition. 


Studies 

in 

Civics, 
p. 17. 


24 


GOVERNMENT WITHIN THE STATE. 


studies Signing and Witnessing. — They can see, too, that this 
Civics P rom i se > being casual, may be simply oral, but that a 
p. 17. ’ promise of great importance should be in writing, and 
should be signed by each person entering into the promise 
or bond. Then, lest any of the signers should be tempted 
afterward to deny his signature, two persons not interested 
should witness his signature. It is not necessary that the 
witnesses actually see the signing; but, if not, they should 
have the statement from each that it is his signature before 
signing as witnesses. 

To secure a “ preponderance of proof,” there must be two 
witnesses to each signature. If the bondsmen sign all at 
the same time and place, two witnesses will do for all. 

Having considered, though thus briefly, the essential 
elements of this bond, the class should be ready to pass 
to a consideration of the “precautionary elements,” those 
designed to make the bond of value if occasion should 
arise. 

Acknowledgment. — The bond is a species of contract, 
and to be binding must be voluntarily assented to by each 
of the parties to it. (See Studies in Civics , p. 250.) The 
acknowledgment is for the protection of two parties : — 

1. The signers. Any one of them might be signing under 
compulsion. If so, this appearance before an officer gives 
him opportunity to state the fact of compulsion. He is 
definitely asked, “ Is this your free act ? ” 

2. The public, to protect whose money the bond is exe¬ 
cuted. Except for the acknowledgment, one or all of the 
bondsmen might, if required to make good a delinquency, 
seek to invalidate the bond by claiming that they signed it 
under compulsion. 

Justification. — Hot every person is responsible. To be 
eligible as a surety to an official bond, a person must — 

1. Be reachable by the courts of the State. 

2. Have property in the State subject to legal process. 


TOWN-MEETING ; OFFICIAL BOND. 


25 


The “ justification 55 is the sworn statement of each bonds¬ 
man— 

1. That he is a resident of the State, and therefore 
subject to the jurisdiction of its courts. 

2. That he is a freeholder, that is, owns land in the 
State. If he had a million dollars in the bank, but no real 
estate, he would not be accepted as a bondsman, because he 
could draw his money by means of a check, put it into 
his pocket, and laugh at any one who should attempt to get 
it by legal means. But with real estate it is different. 
He cannot run away with it, nor put it into his pocket; 
and if he attempts to sell it, the fact can be ascertained. 
Then the man of landed estate is regarded as more substan¬ 
tial and settled, less likely to desire to move. 

3. That he is worth a certain sum, over and above all 
indebtedness, and without counting his property which is 
exempt from execution. 

' The “ sum specified in the bond, 75 or, as it is sometimes 
called, “ the penalty, 55 is usually fixed at about twice the 
sum which the treasurer is likely to have on hand at any 
one time. If this sum is very large, many bondsmen may 
be required. The aggregate of their “ justifications 55 must 
equal the penalty. Though each may justify in only a 
portion of this sum, it must be observed that each signer is 
responsible for the whole penalty. A man in signing a bond 
virtually says, “ I’ll wager all that I 5 m worth that .this 
man is honest. 55 Nor is this confidence often misplaced. 

“ Property exempt from execution 55 means property 
which cannot be taken away from one by legal process . 
(See pp. 29 and 282 of Studies in Civics .) Beware of am¬ 
plifying this very much. It is attractive ; but attention 
may easily be diverted from the real matter at issue — the 
understanding of the bond. 

Approval. — A contract implies an offer and an accept¬ 
ance. ( Studies in Civics , p. N 249.) The bond so far is 

c 


Studies 

in 

Civics, 
p. 17. 


26 


GOVERNMENT WITHIN THE STATE. 


studies the offer. Acceptance for the corporation whose interests 
in are being protected is made by some officer of the corpora- 
p . I7 .’ tion authorized to examine the bond and the sureties. If 
the bond is found to be satisfactory, he writes his “ ap¬ 
proval ” on the back of the instrument. The approving 
officer is usually the chairman of the managing body. (A 
bond for appearance at court is approved by the judge, the 
presiding officer.) 

Filing. — In case of delinquency of the principal to the 
bond, it might be necessary to appeal to the courts to com¬ 
pel the bondsmen to make good the loss. In that event, 
the bond, being “ the best, evidence ” (Studies in Civics , 
p. 60) of its own provisions, would have to be produced. 
To that end it is placed somewhere for safe-keeping. And 
lest it should in some way be lost, a copy of it is made in a 
book; that is, it is filed and recorded. 

To lessen the danger of fraud, this filing is usually done 
with an officer of the next larger organization. Thus, a 
school treasurer’s bond is filed with the town clerk ; bonds 
of town, village, and city officers with the county register 
of deeds ; and bonds of county officers with the State audi¬ 
tor. The bonds of State officers are filed, as a rule, with 
the secretary of State. 

Bonds of county and State officers run to the State; 
bonds of village and city, to the councils of village and 
city, respectively. Approval is by the presiding officer of 
the managing body of the organization. 

SUGGESTIONS. 

Again let it be said that the study and making out of an official 
bond, though it is hard work, is an exceedingly valuable exercise. 
The teacher will find that, to study this bond in the manner in¬ 
tended, will use up at least forty-five minutes. Each student should 
have in his possession a blank bond, which should be filled out as 
the consideration proceeds. 

This bond, by the way, is just like a bail-bond or any other bond, 


MAINTAINING ROADS. 

except in the “condition.” The teacher should have one of each 
of the other bonds, and after this form has been studied should read 
the others for the purpose of comparison. 

MAINTAINING ROADS. 

How are the names for the road-overseer’s “return” obtained? 

The overseer makes the list from his own personal 
knowledge. He knows every person in his district, or soon 
after election makes it his business to become acquainted 
with all those whom he does not already know. 

When is the return due ? 

Within such time as will afford the overseer reasonable 
opportunity to get all the names. In Minnesota sixteen 
days are allowed, after election or appointment. 

When and how are the warrants prepared and signed? 

The supervisors meet within a few days after the returns 
of the road-overseer are due (in Minnesota two days), and 
then “ proceed to ascertain, estimate, and assess the high¬ 
way labor and road-tax to be performed and paid in their 
town the next ensuing year.” 

In most States there is both a poll-tax and a property- 
tax. The poll-tax is uniform for rich and poor. The 
explanation of this is possibly that, as a poor man has one 
life to protect and one vote to cast just as a rich man has, 
one should pay as much as the other. The poll-tax is 
fixed by the supervisors, usually at one to four days’ work 
upon the highway or an equivalent in money. 

Property is of two kinds, real and personal. Road-tax 
is levied against each kind. Taking the preceding year’s 
valuation of property, as shown on the assessment roll, as 
a basis, the supervisors charge not to exceed one per cent 
against each tract for road-tax. The list so made is signed 
by the supervisors, and is filed with the town clerk. 

The town clerk makes for each road-overseer a certified 
list of persons and taxable property in his district. To 


2T 

Studies 

in 

Civics, 
p. 18. 


28 


GOVERNMENT W1TI11N THE STATE. 


studies this is appended an order signed by the supervisors requir- 
in iner the road-overseer to have the work done as indicated. 

Oivics ^ 

p . 18 , ’ This is the overseers’ warrant or authority to call people 
out to work. 

Tor a few cents the teacher can get a poll-tax warrant 
and a property-tax warrant, which will do much to illus¬ 
trate this matter. (This detailed statement is true for 
Minnesota, and practically so for the North-west generally. 
It is given as typical.) 

How is the road-tax usually paid ? How else may it be ? 

It is usually paid in labor, but may be paid in money. 

How does the overseer indicate that a person’s tax is paid ? 

By writing the word “ paid ” opposite his name in the 
list. 

If a person neither pays nor commutes, what can the overseer 
do? 

He can have the offender arrested and fined. 

How is delinquent road-tax collected ? 

In case of poll-tax, even if a person has no property, he 
will usually pay rather than be prosecuted. Delinquent 
property road-tax is charged against the property, and is 
collected the following year with the other taxes. 

How can a person show that he had paid his road-tax? 

By his receipt from the road-overseer. 

SUGGESTIONS. 

Once more let it be said that it is important that, so far as pos¬ 
sible, the students see these warrants, orders, receipts, etc. This is 
desirable, not only that the ideas may be clearer than otherwise, but 
also that the pupils may see how carefully everything is done. 
Blanks may be obtained from a printing-office. 

After these details have been gone through, it is imperatively 
necessary that pupils come “out of the wilderness” and get a gen¬ 
eral view of the situation. Here is a good place for a review of the 
preliminary chapter — emphasizing the purposes of government — 
and then the purposes of having town governments, and an enu- 


THE SCHOOLS. 


29 


meration of the officers and tlieir duties, and the grouping under the 
general heads. 

This should be done quickly. It need not take more than a few 
minutes. 

REFERENCES. 

Fiske’s Civil Government, chap. ii. 

Martin’s Civil Government, chap. xxii. 

Fiske’s American Political Ideas, first lecture. 

Macy’s Our Government, chaps, i., ii., ix. 

Howard’s Local Constitutional History, vol. i. 


SECTION II. 

(Referring to “ Studies in CivicsChapter I.) 

What officers have charge of the schools ? The duties of each ? Studies 

The clerk, the treasurer, and the director. in 

7 ' Civics, 

The clerk is recording officer. By virtue of his office P . 18 . 
he keeps a record of the proceedings at the annual school¬ 
meeting; writes the teacher’s contract, and preserves the 
original of it; draws orders on the district treasurer; and 
is custodian also of the other papers of the district. 

The treasurer is the custodian of moneys belonging to 
the district. 

The two preceding officers are typical, they are found 
in all organizations. To secure an odd number on the 
board, thus obviating a possible deadlock between the 
clerk and the treasurer, there is a third officer, usually 
called the director. In some States he is ex-officio chair¬ 
man of the board and of the annual meeting. It will be 
noted, too, that his duty of countersigning orders on the 
treasurer is one usually performed by a presiding officer. 

When are these officers chosen, and how long do they serve ? 

They are chosen by the people at the annual school¬ 
meeting, for a term of three years. (This, of course, refers 
to common school districts.) 



30 


GOVERNMENT WITHIN THE STATE. 


Studies 

in 

Civics, 
p. 19. 


Are they all chosen at once? Why? 

No. Except in case of a vacancy, only one is chosen 
each year. Thus a majority of the members are expe¬ 
rienced, and only one has to be initiated. 

How do they “ qualify” ? 

By taking the oath of office. The treasurer also gives a 
bond. 

Are women eligible to school offices ? 

In many States, to wit: Colorado, Idaho, Indiana, Kan¬ 
sas, Kentucky, Massachusetts, Michigan, Minnesota, Mon¬ 
tana, Nebraska, New Jersey, New Hampshire, New York, 
North Dakota, Oregon, South Dakota, Vermont, Washing¬ 
ton, and Wisconsin ; also in Arizona. 

Are they eligible to any other offices ? 

In Kansas to municipal (town, village, and city) offices ; 
and in Wyoming to almost all. 

When is the annual meeting held ? Why held then ? 

The time varies in different States, but is usually about 
harvest-time. Probably because the people can then best 
tell what they can afford to vote. 

Who take part? 

Those qualified to vote (see Studies in Civics, pp. 300, 
301); and, in the States above enumerated, women hav¬ 
ing the same qualifications. 

What business is transacted? 

Hearing and examining the report of the treasurer, elect¬ 
ing officers, determining the number of months of school 
for the succeeding year, voting money to support it, and 
money for miscellaneous purposes. 

What are “special” school-meetings? 

Meetings called at some other time than that designated 
by law for holding the regular or annual meeting. The 
purpose of the meeting must be specified in the call. 


CORPORATE POWERS OF SCHOOL DISTRICTS. 


31 


What expenses must be met in having a school ? 

Provision must be made for paying the teacher, for fuel, 
and for such supplies as are to be furnished at public ex¬ 
pense. In some cases, even in a district school, the fires 
are lighted at the expense of the district. 

Where does the money come from ? 

The sources are different in different States. In Minne¬ 
sota they are : — 

1. Interest of the sale of lands granted by the general 
government; 

2. The one-mill State tax; 

3. The one-mill county tax; 

4. A portion of fines collected for penal offenses ; 

5. Local taxes voted. 

How does the treasurer get it into his possession ? 

He gets it from the collecting officer. (See Studies in 
Civics , p. 47.) 

What is to prevent his misappropriating it? 

1. He has to give a bond with good and sufficient sureties. 

2. He can pay out money only on the order of the dis¬ 
trict clerk, countersigned by the director. 

3. He is required to account at the annual meeting for 
all moneys received and paid out. 

4. His accounts and vouchers are subject to examination 
at the annual meeting. 

By whom is the teacher chosen ? 

By the school-board, at a meeting regularly called for 
the purpose. 

Why not elect the teacher at the annual meeting ? 

The people have not time to canvass the qualifications 
of the different candidates. (Should not the following 
principle govern ? “ Officers requiring technical skill 

should be appointive.”) 


Studies 

in 

Civics, 
p. 19. 


32 


GOVERNMENT WITHIN THE STATE. 


Studies 

in 

Civics, 
p. 19. 


Why is the contract with the teacher in writing? 

So that its conditions and provisions may be easily proved. 

How many copies are made ? Whom for, and why ? 

Two should be made, one for the district (kept by the 
clerk), and one for the teacher; so that each party may 
have one at hand for reference, or to produce as evidence 
if necessary. 

If you had a bill against a district, how would you get your 
money ? 

Get an order from the clerk, have it countersigned by the 
director, and go to the treasurer for the money. 

If the district refused to pay the bill, what could you do? 

Bring an action against it in a court; that is, sue it. 

If a debtor of the district refused to pay, what could it do? 

It could bring suit against him. 

Who owns the school buildings and grounds ? 

The district as a corporation. 

How was ownership obtained ? 

As a rule, by purchase; sometimes by gift. 

What can the district do with buildings and grounds no longer 
needed ? 

It can sell them. 

Could it buy land for other than school purposes ? 

No. 

Could it lend money, if it had any to spare ? 

No. (See Studies in Civics , pp. 258, 259.) 

If the district had not money enough to erect its buildings, what 
could it do ? 

It could borrow the money. 

What are the corporate powers of a district ? 

1. It can sue and be sued, 

2. It can buy, or lease, and hold lands and buildings and 
other property for school purposes, and dispose of them 
when no longer needed. 

3. It can borrow money needed for school purposes. 


QUESTIONS FOR DEBATE, 


83 


SUGGESTIONS. 

This group of questions is intended primarily for country schools. 
In such schools these questions should surely be answered. For city 
schools they should be modified to suit the conditions. Some of the 
questions are, of course, applicable to either class of schools. 

This set of questions may be suggestive of a preparatory set which 
a good teacher of a grammar school might make and give out a few 
at a time, as general information lessons. 

REFERENCES. 

Macy’s Our Government , chap. viii. and xiii. 

Fiske’s Civil Government , p. 94, 95. 

The School Laws of the State. 

QUESTIONS FOR DEBATE. 

Resolved, That it is unfair to tax a bachelor for the support of 
a school. 

The argument on the affirmative rests on the fact that the bachelor 
has no children to be benefited by the school. 

The negative can show, among other things, that — 

1. The presence of the school enhances the value of the bachelor’s 
property, by making property in the neighborhood more desirable 
than if there were no school. (That is why we tax property of non¬ 
residents too.) 

2. The training of the school renders his property more safe. 
There is an intimate relation between intelligence and virtue, as 
both common observation and prison statistics show. 

These arguments are for those who can be moved only by finan¬ 
cial consideration. For those who can appreciate them the following 
arguments may be used: — 

3. The neighborhood is made more agreeable to live in. 

4. The bachelor himself may have been educated in a public 
school, and can thus repay in part. 

5. It is each person’s patriotic duty to aid in training the young, 
so as to fit them to be good citizens. 

Resolved, That the town system is better than the district 
system. 

Arguments in the Affirmative : — 

1. There would be fewer officers, hence a higher grade of ability 
might be secured. 


Studies 

in 

Civics, 
p. 19. 


34 


GOVERNMENT WITHIN THE STATE. 


Studies 

in 

Civics, 
p. 33- 


2. The management of the schools would be more uniform in 
course of study, books, etc. 

3. The quality of the schools, length of terms, etc., could be 
equalized more nearly, thus helping the poorer schools. 

4. Buildings could be located more conveniently. 

Arguments in the Negative : — 

1. “ If you want a thing well done, do it yourself.” No one else 
is so likely to be thoughtful of the children as their own parents. 

2. Each neighborhood knows its own needs better than any one 
else knows them. 

3. Holding annual meetings and serving on “the board” is a 
valuable political training. 


SECTION III. 

(Referring to “ Studies in Civics ,” Chapter II., III.') 

Are the justices and constables town, county, or State officers? 

On the basis of election, they are town officers; from 
territorial jurisdiction, they are county officers; and from 
the authority under which and in whose behalf they act, 
they are State officers. 

How is it known at the county seat who they are ? 

The town clerk reports their names to the clerk of the 
court. 

Define docket, summons, warrant, pleading, subpoena, etc. 

The docket is the book in which is kept an outline record 
of each case. (See Studies in Civics , p. 281.) 

A summons is a notice informing the defendant that an 
action has been commenced against him, and that he is 
required to answer the complaint within a specified time. 
(,Studies in Civics, p. 277.) 

A warrant is the written authority to do an act, as, for 
instance, to make an arrest. 

The pleadings are the statements of fact upon which the 



ADMINISTERING JUSTICE. 


35 


parties respectively depend to sustain them in the action. 
(Studies in Civics, pp. 277, 278.) 

A subpoena is a writ requiring the person to whom it is 
directed to be present at a specified time and place, and for 
a specified purpose, “ under a penalty ” (sub poena) for dis¬ 
obedience. ( Studies in Civics, p. 279.) 

A crime is any act or omission against the public peace. 
According to the statutes of Minnesota, a crime is “ an act 
or omission forbidden by law, and punishable upon convic¬ 
tion by death, imprisonment, fine, or other penal disci¬ 
pline.” The definition is probably substantially the same 
in other States. 

A felony is “any crime punishable by death or impris¬ 
onment in the State prison.” 

A misdemeanor is any other crime. 

A venire, as the term is commonly used, is an order is¬ 
sued by a judicial officer and addressed to a sheriff or a 
constable, commanding him to summon certain persons 
(named) to serve as jurors in a described action. 

The costs, as usually meant, are certain court expenses 
taxed against the losing party to a suit. They include 
sheriff’s, witnesses’, and jurors’ fees, but not attorney’s fees. 
The intention of law is to discourage litigation. If the suc¬ 
cessful party were freed from all expense, there would be an 
inducement to go to law — or at least little discouragement. 

An execution or a writ of execution is a writ for enfor¬ 
cing the decree of a court. The most common form is that 
ordering a sheriff or constable to seize and sell property to 
satisfy a judgment. 

A recognizance is a bail bond, or a bond conditioned upon 
the appearance of a person named for triaf at a time 
specified. 

What is meant by “ change of venue ” ? 

A change in the place of holding a trial, or a change 
from one court to another of equal jurisdiction. 


Studies 

in 

Civics, 
P- 33 - 


86 


GOVERNMENT WITHIN THE STATE. 


Studies 

in 

Civics* 
P- 33 - 


How is an oath administered in court? 

The person taking the oath stands with hand upraised 
and facing the person administering the oath, listens to 
the wording of the oath, and then assents to it. For the 
Wording of the oath under certain conditions, see Studies 
in Civics , p. 282. 

What persons may not serve as witnesses? 

First, those incompetent to serve in any case, such as 
those enumerated in Civics , p. 60. 

Second, those incompetent from relationship of some 
kind to the party. Thus the wife of a man cannot be com¬ 
pelled to give testimony against him, on the principle that 
“ they two are one flesh,” and a person cannot be required 
to testify against himself. As he may testify in his own 
behalf, his wife may also. 

Certain confidential advisers are also excused. For in¬ 
stance, a Roman Catholic priest cannot be compelled to 
divulge matters confided to him at the confessional; nor 
can a lawyer be required to reveal anything told him by a 
client. 

Name some things “ exempt from execution.” 

The things usually exempted are : — 

1. Things purely personal, such as personal apparel, 
family portraits, the church pew, the family lot in the cem¬ 
etery, etc. 

2. Subsistence for a time, including food-stuffs, fuel, etc. 

3. The homestead and necessary furniture. The home¬ 
stead includes in the country from 40 to 160 acres of 
land, and in the city the land on which the family resi¬ 
dence stands, not to exceed one acre. In some States a 
maximum value for homestead exemption is established. 

4. Materials for prosecuting one’s calling. For instance, 
the tools of a mechanic and the books of a professional 
man are usually exempt. A farmer may keep a team, a set 
of harness, a wagon, a plow, a harrow, etc., grain and hay 


PRACTICAL WORK. 


37 


for his team, seed for his farm, etc.; in other words, enough studies 
to “ give him a chance ” to go on in his vocation. civics 

Two things the teacher should here direct attention to : — p . 33 ,’ 

1. The growth of mercy in the administration of justice. 

A debtor in olden times became the slave of the creditor. 

Later he was simply imprisoned. The imprisonment for debt 
was abolished. And now the debtor, even at the expense 
of the creditor, is given a new start in life, that is, the 
opportunity for it. The motive of this is good; and such 
laws should remain, in spite of the fact that dishonest 
people are sometimes enabled thereby to perpetrate fraud. 

2. Inasmuch as many people, from having frequently 
heard the statement, really believe that “the laws favor 
the rich,” attention should be directed to this as a case 
pointing the other way. The pupils should be invited to 
keep a record of cases related to this question; and they 
will find that, as a rule, when the law shows any favor, it 
shows it to the poor man. 

From the statutes pupils can find the property “ exempt 
from execution in this State.” 

What is to hinder an enemy from having you detained in 
prison ? 

1. He could not have you arrested without a warrant. 

To secure this he would have to charge you under oath, 
before a judicial officer, with some crime, and make his 
story credible to the officer. You being entirely innocent, 
the person making the charge could be held to answer to 
two crimes, perjury and malicious persecution. 

2. Instead of confining you, even temporarily*in prison, 
you could be freed from this disgrace by giving bail. 

3. If you should be detained or imprisoned without due 
process of law, you could secure a writ of habeas corpus. 

If, on inquiry into the matter, the judge before whom you 
would be brought should find that you were detained with¬ 
out cause, he would order your release. 


38 


GOVERNMENT WITHIN THE STATE. 


Studies 

in 

Civics, 
P- 33- 


Can a civil action proceed in the absence of the defendant? 

Yes, provided that he has been summoned as required 
by law. Having full opportunity to be present, he absents 
himself at his own risk. The defendant must be moved 
to attend either by his interest or by force. The former 
is preferable. But in order that his interests may bring 
him it is necessary that remaining away should forfeit 
them. Hence the rule. 

PRACTICAL WORK. 

This may be actually written out, as preparation at the seat (and 
hoys especially will take pride in doing this if they can use the regu¬ 
lar forms), and then be examined by the teacher in such way as 
seems best ; or the students, if their time-limits forbid the foregoing, 
may turn to pages 277-283 of Studies in Civics, and read aloud the 
Summons, the Pleadings, the Subpoena, the Jury List, the Venire, 
and the Docket. The “ returns ” should, of course, be read ; but the 
other forms may be omitted, it being understood there are no ad¬ 
journments, and that the jurors and witnesses come without trouble. 
Care will need to be taken to get the names right, and to have the 
Docket read smoothly; to this end omit proceedings of August 16 and 
September 29, and for the statement of October 11, say, “judgment 
satisfied.” 

SUGGESTIONS. 

It would be well to distinguish between a civil action and a crim¬ 
inal action. It should be emphasized that the former refers to 
personal rights, and the latter to public wrongs. 

Lest the pupils get lost in the details, it is well to have daily 
synopses of the action, something like this: — 

A Civil Action. 

I. Preliminary. — 

1. Summons. 

2. Pleadings : 

(a) Complaint. 

( b ) Answer. 

(c) Reply (sometimes). 

3. Jury — Venire. 

4. Witnesses — Subpoena. 


PRACTICAL WORK. 


39 


II. The Trial.— 


Studies 

in 

Civics, 
P- 33- 


1. Testimony : 

(a) For Plaintiff. 


(6) For Defendant. 

2. Argument. 

3. Charge (except in Justice Court). 

4. Verdict. 

5. Judgment. 


III. After the Trial. — 

1. Appeal, or 

2. Satisfaction, or 

3. Execution. 

A Criminal Action. 

I. Preliminary. — 

1. Complaint. 

2. Warrant. 

3. Return — Arrest. 

4. Bail. 

5. Jury — Venire. 

6. Witnesses — Subpoena. 


II. The Trial.— 


1. Arraignment. 

2. Testimony : 

(а) For Plaintiff (State). 

(б) For Defendant. 

3. Arguments. 

4. Charge (except in Justice Court). 

5. Verdict. 

6. Judgment — Sentence. 

III. After the Trial. — 

1. Release, or 

2. Penalty. 


REFERENCES. 


The Statutes of the State. 

Martin’s Civil Government, p. 184-192. 

Macy’s Our Government, chaps, xiv., xv., and xx. 


40 


GOVERNMENT WITHIN THE STATE. 


Studies 

in 

Civics, 
P- 37 - 


SECTION IV. 

{Referring to “ Studies in CivicsChapter IV.) 

Why are the papers of incorporation recorded? 

In order that the legal existence of the village may be 
proved, if necessity should arise. Thus, if for any rea¬ 
son the village should bring suit against an individual, it 
would be necessary for the attorney for the village to be 
able to prove its legal existence. It could not sue unless 
duly incorporated. 

Can a person living in a village build a sidewalk to suit his own 
fancy ? Why ? 

No. The village council must-have power to determine 
the height, the width, and the material of the sidewalk. 
In fact, as a rule, they, and not the individual, should lay 
the walk. This power is vested in the council to secure 
the uniformity so much to be desired. Otherwise, in front 
of one piece of property might be a sidewalk two feet 
above the ground and three feet wide, in front of the next 
a walk one foot from the ground and four feet wide, and 
in front of the next no walk at all. 

If, owing to a defective sidewalk, you should break your leg, where 
would the responsibility lie ? 

If you used ordinary care, the responsibility would rest 
upon the village. For instance, if the accident should 
occur at night, no light being provided as a guide or a 
warning, the village would be responsible, because it has 
authority to keep the walks in repair, and to provide 
necessary street lamps. Of course, if one should deliber¬ 
ately or carelessly, in the light of day, step into a hole, he 
alone would be to blame. 

If you had a bill against a village, how would you get your pay ? 

Present an itemized and verified account to the recorder. 
He will present the bill for audit to the council. If the 


THE INCORPORATED VILLAGE. 


41 


bill is allowed, he will give yon an order on the treasurer, studies 
This you will have countersigned by the president of the C l” cs 
council, and you can then get your money from the treasurer. p . 3 8.’ 

Why should the sale of meats be regulated any more than the sale 
of flour or of clothing ? 

Because there is more chance for and danger in a 
mistake. For instance, the animal, while living, may have 
been diseased. The fact would not probably show in the 
meat, and yet the meat would be unfit for food. 

May the sale of bread be regulated P 

Yes, to a certain extent. For instance, in some places 
the weight of the loaf is regulated. But this is the excep¬ 
tion. A person who gives “ short weight ” will pay the 
penalty by loss of custom. 

What is the difference between a policeman and a constable? 

• A policeman has regular hours and a regular “ beat ” or 
place to patrol; a constable has not. This fact suggests 
another difference, to wit: a constable can serve writs; a 
policeman cannot. If the policeman were to be called 
upon to serve writs, he would have to leave his beat 
unprotected; this would be an unwise arrangement. 

The territorial jurisdiction of a constable is greater than 
that of a policeman, extending throughout the county in¬ 
stead of being limited to the city. 

A constable executes the orders of a judicial officer; a 
policeman, those of the mayor. A policeman is designed 
chiefly to prevent crime by patrolling his beat, arresting 
criminals only if caught in the act; a constable is part of 
the machinery to punish crime, and so can arrest on a war¬ 
rant. A policeman has relation only to criminal actions; a 
constable serves papers in civil actions as well as in criminal. 

Compare the town and the village organizations. 

They are alike in having the general corporate powers; 
both can take private property for public uses by paying 


42 


GOVERNMENT WITHIN THE STATE. 


studies for it (called the right of “ eminent domain ”) ; both have 
Civics annua l meetings of the people for hearing accounts, deter- 
p . 38 .’ mining on action for the coming year, and choosing officers 
(that is, both are democracies). 

They are unlike chiefly in the fact that the village 
undertakes some public works (protection against fire, 
etc.), which the town does not. They are alike in the 
kind of powers and duties, but somewhat different in their 
scope. 

DEBATE. 

Resolved, That for a village of one thousand inhabitants or less 
it is wise not to become incorporated . 

For Affirmative. 

1. The expense is less if unincorporated, because the town 
officers do all the work. 

2. It is easier to curb the liquor traffic, because the rural popu¬ 
lation are likely to oppose it. 

For Negative. 

1. If eleven hundred people need a separate organization, for 
reasons given in the text, it would seem as if nine hundred do also. 

2. The “ reasons for having a village ” should then be cited one 
by one, and their application to a place of nine hundred shown. 

3. The slight additional expense for officers (if any) might be 
shown to be offset by the value of the training obtained by the 
citizens in managing public affairs. 


SECTION Y. 

(Referring to “ Studies in Civics ,” Chapter V.) 

Studies Two persons claim the same seat in the city council; who decides 
in between them ? 

Civics, The 0 |] ier members of the council. 

P- 45- 

State three ways in which a proposed ordinance may pass. 

1. It may receive a majority vote of the council, and 
be approved by the mayor. 



THE CITY . 


43 


2. It may, after receiving a majority in the council, be studies 
retained or overlooked by the mayor for more than five days. Ci ^ cs 

3. It may pass the council, be vetoed by the mayor, p . 43 .’ 
and then on review pass the council by a two-tliirds vote. 

Two ways in which it may fail. 

1. It may not receive a majority in the council. 

2. It may pass the council, but, on being vetoed by the 
mayor, fail to receive a two-thirds vote. 

How are the ordinances published? 

1. In the newspapers. 

2. In cities by posting in conspicuous places in each ward. 

3. The ordinances are printed and bound for those who 
wish to pay for them. 

How far are the ordinances of a city operative? 

Only in that city. 

Compare the government of a village with that of a city. 

They are alike in having a council, a recorder, a treas¬ 
urer, an assessor, with duties practically the same in kind, 
and differing chiefly in degree. 

The principal differences are: — 

1. In the number of voting places — in a village, one; in 
a city, several or many, depending on its size. 

2. Tha method of voting local taxes. In a village this 
is done by the voters at annual meeting; in the city, by 
the council. 

3. The city has a chief executive called the mayor; the 
village has no such officer. 

4. In the courts. A village has only a justice court; a 
city may have also one or more special municipal courts. 

Are school affairs managed by the city council ? 

No. The rule is that school affairs shall be kept sepa¬ 
rate from other matters. This is the rule also in villages 
and towns. The schools are recognized as constituting 
an interest worthy of separate attention. 


44 


GOVERNMENT WITHIN THE STATE. 


Studies 

in 

Civics, 
P- 43- 


Studies 

in 

Civics, 
P- 52- 


If a new school-house is needed, and there is no money to build 
it, what can be done ? 

1. They can “ get along ” without it; or 

2. They can borrow the necessary money for a short 
time ; or 

3. They can borrow on long time, issuing bonds. 

But in most States the bonds would have to be authorized 
by the people of the city at an election called for the pur¬ 
pose. 

What are some of the dangers of city government ? 

They are chiefly two : incompetency of officials, and ex¬ 
travagance. Both of these are due to the fact that so few 
people (comparatively) in a city devote any attention to 
the city government, thus giving opportunity for “ ring 
rule.” 

REFERENCES. 

Bryce’s American Commonwealth, chap. lii. 

Nordhoff’s Politics for Young Americans, p. 138. 

Fiske’s Civil Government , chap. v. 

Martin’s Civil Government, chap, xxiii. 

Macy’s Our Government, chap. xii. 

For a good comparison of town and city, see Martin, p. 218. 


SECTION VI. 

(Referring to “ Studies in CivicsChapter VI.) 

What is the difference between a town road and a county road ? 

1. In laying. A town road is laid out by the town 
supervisors ; a county road, by the county commissioners. 
Of course only those having authority to lay a road have a 
right to discontinue it, or" to change its location. 

2. In length. A town road is wholly within the town; 
a county road may run through several towns. 



THE COUNTY. 


45 


3. In condition. Though maintained by the towns studies 
through which it runs, a county road is usually better c . in 
kept than a town road. Connecting populous points, it is, p . 52 / 
as a rule, much used, and has to be kept in good repair. 

If you wanted a change in a county road, to whom would you 
apply ? 

To the county board. 

Compare a warranty deed with a mortgage deed. 

They are alike in the disposition of the land ; they differ 
in the fact that in the warranty deed the transfer is final 
and unconditional, while in the mortgage deed there is a 
proviso for nullifying the transfer upon the payment of 
a specified sum. 

Compare a warranty deed with a quit-claim deed. 

They are alike in releasing all claim of the disposing 
party ; but in a warranty deed “ the party of the first 
part ” guarantees the other party (the purchaser) against 
all other claimants, while in a quit-claim deed he guaran¬ 
tees only as against himself. 

Compare a mortgage deed with a chattel mortgage. 

They are substantially alike, except that the former 
covers real estate, and the latter personal property. 

Account for the differences. 

The differences arise from the different purposes to be 
served. A warranty deed, as its name implies, is intended 
to guarantee absolutely the ownership to the party in whose 
favor it is drawn. If there is any flaw in the title, the 
warrantor must make good any consequent loss to the pur¬ 
chaser. 

A mortgage deed is meant simply as security for a 
debt; so a condition is put in.that when the debt is paid 
the mortgage deed becomes void. 

A quit-claim deed is intended simply to release the claim 
of the maker, without obligating him further. 


46 


GOVERNMENT WITHIN THE STATE. 


Studies 

in 

Civics, 
P- 52- 


If A buys a farm from B, and does not register his deed, who 
owns the farm ? 

“ How ought it to be ? ” When we have answered this 
question, we shall find that we have also answered the 
question proposed. 

Let us see. A has bought the farm from B and paid 
him for it. As between A and B the farm should clearly 
belong to A; and it does. But suppose that A, by failing 
to record his deed, makes it possible for B to sell it again, 
say to C. C, in searching the records, finds the title to 
be in A, and buys upon that understanding. He is what 
may be called an “ innocent purchaser.’’ We have now 
two claimants to the land. One must be deprived of it. 
Which should suffer ? Manifestly the one through whom 
the wrong came, in this case, A, through whose negligence 
the wrgng was made possible. The courts would probably 
give the farm to C, if he went at once and put his deed on 
record. A would, of course, have a cause of action against B. 1 

This question brings out the truth that the prime pur¬ 
pose of recording a deed or other similar instrument is to 
give notice to the world of the fact embodied in it. 

If a man should get into habits of gambling and not providing 
for his family, what could be done ? 

On petition, the probate judge might appoint a guardian 
for him. 

On what grounds could this interference be justified ? 

On the ground that, if the practices were continued, the 
man and his family might become a public charge. In other 
words, the public acts (through its agent) in self-defense. 

Who would be keeper of the jail if the sheriff were a prisoner ? 

The coroner. 

Why not one of the deputy-sheriffs P 

For several reasons, among which may be mentioned: — 

1. The deputies are the sheriff’s own appointees, and 
they might allow him to escape. 

1 Teacher and students alike would do well to consult a lawyer on this question. 


THE COUNTY. 


47 


2. It would be inconsistent for a subordinate to have studies 

control over his official superior. c . in 

3. The historical reason given in Studies in Civics, p. 50. p . 53 . ’ 

Give the derivation of auditor, sheriff, etc. 

Auditor is from the Latin audire, to hear; and the audi¬ 
tor is the officer who hears or listens to claims against the 
organization. 

Sheriff is from the Saxon words scir, a shire or county, 
and reve, a governor. So the shire-reeve, or sheriff, is 
literally the governor or chief executive officer of the county. 

Coroner is from the Latin corona, a crown. Inasmuch as 
one of the chief functions of government is to protect the 
lives of its subjects, for a subject to lose his life through 
violence would be to reflect disgrace upon the crown, the 
symbol of authority. Hence the officer especially designed 
to bring murderers to justice, and thus to protect life, and 
therefore save the credit of the crown, was called the coro¬ 
ner. Though we have no actual crown, we use the old 
name for the officer. 

Probate is from Latin probare, to prove or test. The 
probate judge tests and then attests the validity of wills. 

Commissioner, one who is commissioned or authorized to 
act in some certain capacity, especially one having author¬ 
ity to commission others, as the insurance commissioner, 
authorized to license insurance companies. 

Supervisor, from super meaning “ over,” and visor from 
videre, to see; meaning literally an overseer. 

Superintendent, synonymous with the preceding. Con¬ 
sult the dictionary. 


What seems to govern the modes of paying the county attorney 
and the register of deeds ? 

If the county attorney were paid by fees he might be too 
officious, and cause litigation for the very purpose of securing 
fees. Hence he is not paid by fees but by annual salary. 


48 


GOVERNMENT WITHIN THE STATE. 


Studies 

in 

Civics, 
P- 53- 


The register is allowed his fees, which are fixed at a 
reasonable rate, because that method seems most nearly to 
pay for the actual work accomplished. 

To whom are the taxes paid ? 

The answer to this question depends upon the State in 
which one lives. There are three general plans of collect¬ 
ing taxes : — 

1. Collection by town, village, and city treasurers. 

2. Collection by county treasurers. 

3. Collection by special officers. 

The first plan, collection by local treasurers, is the prev¬ 
alent plan in the Eastern, Middle, and some of the North¬ 
western States ; wherever, in fact, the township system 
has firm hold. This is the plan in Wisconsin, for instance. 

The second plan is in use in the Southern States, and in 
some of the North-western States ; for instance, Minnesota. 
Here all taxes within State jurisdiction — school district, 
town, village, city, county, and State — are paid to the 
county treasurer. 

How much of this money goes to the United States? 

None of it. The United States derives its income from 
other sources. ( Studies in Civics , p. 316.) 

How does the tax-coUector know how much to collect ? 

He finds it stated in a book containing a description of 
each piece of property, its valuation, the tax upon it, and 
its owner’s name. 

From whom does he get this book? 

From the computing officer, the secretary of the organi¬ 
zation of which he is treasurer. Thus, where the local 
treasurer does the collecting, the local clerk does the com¬ 
puting ; where the county treasurer does the collecting, the 
county clerk or auditor does the computing. 

How is the value of property ascertained for taxation ? 

1. Valuation by assessor. 


THE COUNTY. 


49 


2. Review of his estimates by the local board or a com¬ 
mittee thereof. If a person is not satisfied with the valua¬ 
tion made by the assessor, he may appeal to the board of 
review. This appeal may be made regarding his own prop¬ 
erty or that of any one else. 

3. Equalization by county board. In one town horses 
might be assessed at $100 each, while in another they are 
assessed at only $75. This would make no difference so 
far as the respective local taxes are concerned, but in pay¬ 
ing county taxes the former would have to pay one and 
one-third times as much as the latter on the same kind of 
property. To “even up” such differences is the duty of 
the county board. 

The county board may also be appealed to in case the 
local board does not give a man justice. 

4. Equalization by the State board. The same course 
of reasoning that showed the necessity for the county board 
of equalization applies to show the need and purpose of 
the State board. 

To review: The local board deals only with individual 
or personal grievances ; the State board only with equal¬ 
izing classes of property; the county board with both. 

If a person has a grievance which the county board re¬ 
fuses to correct, he may appeal to the court. 

To whom does the assessor finally report ? 

To the officer charged with computing the taxes. 

Who vote money in school-district, town, and village ? 

The people thereof respectively, at their annual meeting. 
The record is kept by the respective clerks, and the sum 
voted is reported by them to the computing officer. 

Who vote taxes in city, county, and State ? 

The representatives of the people, i.e., in the city, the 
council; in the county, the county board; in the State, the 
legislature. As before, the clerk of the organization re¬ 
ports to the computing officer. 


Studies 

in 

Civics, 
P- 53- 


50 


GOVERNMENT WITHIN THE STATE. 


Studies 

in 

Civics, 
P- 53- 


State the gist of the matter of the four paragraphs. 

This can best be done by a tabulation. A typical one, 
good for Minnesota, is here given. 



. « 
i—i P* 


fl- 


2 . 

3. 

4. 

V. 

fl. 



Valuation by assessor, in May. 

Review by local board, in June. 

Equalization by county board, in July. 

Equalization by State board, in September. 

Value of property (discussed above). 

(School District — People, Annual Meeting, Clerk reports 
to County Auditor. 

Town —People, Annual Meeting, Clerk reports to County 
Auditor. 

Village — People, Annual Meeting, Recorder reports to 
County Auditor. 

City — Council, any meeting, Recorder reports to County 
Auditor. 

County — Commissioners, meeting, Auditor reports to self. 
State — Legislature, meeting, State Auditor reports to 
„ County Auditor. 


How does the school treasurer get the school money? 

He goes to the computing officer, and gets an order on 
the treasurer holding the money, and from him he gets it. 


Trace a dollar from the farmer round to the teacher. 

1. The farmer pays it to the collecting officer. 

2. The collecting officer, on the order of the computing 
officer, pays it to the school treasurer. 

3. The school treasurer, on the order of the school clerk 
countersigned by the director, pays it to the teacher. 


If you had a bill against the county, how would you get your 
pay ? 

Present the bill to the auditor, who will bring it before 
the county commissioners. If allowed by them, the auditor 
will give you an order on the county treasurer, which, if 


1 Read thus : A man’s tax depends upon the value of his property and the rate 
of taxation. The value of his property is determined as indicated. The rate of 
taxation depends on the value of all the property and the sums of money to be 
raised. The money is rated as indicated. 









PROBATE COURTS. 


51 


countersigned by the chairman of the county board, will studies 
then be paid. in 

Civics, 

What if payment be refused? p. 53 . 

Suit may be brought against the county. 

REFERENCES. 

Martin’s Civil Government, chap. xxi. 

Macy’s Our Government, chaps, i., ii., ix., x. 

Fiske’s Civil Government, chaps, iii., iv. 

Howard’s Local Constitutional History, vol. i. 


SECTION VII. 

{Referring to “ Studies in CivicsChapter VII.) 

What is a will ? Studies 

(The definition in the dictionary should be studied, and c “ 
the purpose of each phrase should be shown.) p . 5 s. ’ 

Why must it be in writing ? 

So that its provisions may be definitely known, and 
these be known beyond a doubt. 

Must it be in the handwriting of the testator ? 

No; it may be written by any person. 

Why are the witnesses essential? 

To prevent fraud ; otherwise, wills would be more easily 
forged. 

Is the form of the will essential ? 

No ; that is, the phraseology is not important. But it is 
necessary that it be duly signed by the testator in the pres¬ 
ence of the witnesses, or that the signature be acknowledged 
by the testator to the witnesses, and that they sign as wit¬ 
nesses in the “ conscious presence ” of the testator and of 
each other. (Studies in Civics , p. 289.) 



GOVERNMENT WITHIN TIIE STATE. 


Is it necessary that the witnesses know the contents of the will ? 

No. 

What is the difference between an heir and a legatee ? 

An heir inherits by virtue of relationship ; a legatee, 
through a will only. The former receives an “ inheri¬ 
tance ; ” the latter, a “ legacy.” 

May either be a witness to the will ? Why ? 

No. Because, being interested, they might yield to the 
temptation to witness a false will drawn in their favor. 

If the witnesses die, how can the will be proved ? 

By their signatures, which could be identified by friends. 

What is a codicil ? 

A codicil is an addition to a will modifying a part of it. 
If all of the will were changed, the new instrument would 
be called a new will, rather than a codicil. 

Of two wills bearing different dates, which will stand ? 

The one last drawn. This is a recognition of the right 
possessed by every person of changing his mind about such 
matters. 

What difference does it make whether a will is made or not ? 

If a will is made, it governs the distribution of the 
property; if no will is made, the distribution is made in 
accordance with law. 

Arrange the proceedings in case of a will into three groups. 

1. The first four steps, having for their object the pro¬ 
bation of the will — that is, ascertaining whether or not it 
is valid. 

2. Step five, securing an executor to carry out its pro¬ 
visions. 

3. Steps six to nine, carrying out the provisions of the 
will. Steps six and eight have for their object the pay¬ 
ment of debts; steps seven and nine, the distribution of the 
estate. 


52 

Studies 

in 

Civics, 
p. 58 . 


DISTRICT COURTS. 


53 


A minor may have two guardians. Why? 

Because the guardian of the person of the minor may 
not be competent to manage the financial matters. For 
instance, when the father dies the mother is the natural 
guardian of the persons of the minors. But she may 
have little or no experience in money matters. 

What is to hinder a guardian from abusing his trust ? 

1. His sense of honor. A man is pretty mean who 
would abuse the confidence of a dead friend. 

2. The court may require a bond for the faithful dis¬ 
charge of his duty. 


SUGGESTIONS. 

This subject is one that is capable of ample illustration in the 
scrap-book. Almost every issue of the county newspaper has some 
announcement from the Probate Court. By taking a little pains a 
pupil can get a full set of Probate Court notices. And this, there¬ 
fore, is a good subject for “exhaustive illustration.” 

The clippings should be saved in an envelope until the set is 
nearly completed, and then should be placed in proper relation in 
the scrap-book. 


DISTRICT OR CIRCUIT COURTS. 

(These courts are called also Superior Courts, and Courts of Oyer and Terminer.) 

Why not let each county constitute a judicial district ? 

1. Because it would be difficult, if not impossible, to 
find in each county a person competent to act as judge. 

2. It would be too expensive to retain the service of 
such men, one for each county, even if we could find them. 
Nor would it be economical of either time or money to re¬ 
tain their services, because we could not in most cases 
furnish them work enough to keep them in practice, or 
enable them to earn their salary. 

Where try a suit for $40 ? 

In a justice court of the county. 


Studies 

in 

Civics, 
p. 58 . 


Studies 

in 

Civics, 
P 65- 


54 

Studies 

in 

Civics, 
P- 65 . 


GOVERNMENT WITHIN THE STATE. 

Where a suit for $250? $1,000,000? 

In a district or circuit court of the State. 

What is the relation of the plea to the action? 

The action is based upon the plea. 

Can anything be proved in the trial which is not alleged in the 
plea ? 

No. 

Show the purpose of each rule of pleading and of evidence. 

1. Jurisdiction. — The jurisdiction (or limit of author¬ 
ity) of each court is definitely fixed by the legislature or 
the constitution, and the duties of each are assigned for 
good reasons. Hence each court should do the work as¬ 
signed to it, and only that. 

2. Irregularity in Writ. — Experience has shown the ne¬ 
cessity of exceeding great care, lest wrong be done. Hence 
the law prescribes very definitely the mode of procedure, 
and this must be followed with exactness in all essential 
particulars. Thus, if a person is accused of a crime the 
time and place are essential (so that if innocent he may 
prove an alibi) ; and if they are omitted in the complaint 
the error should and would invalidate it. 

3. General Issue. — In this the defendant desires a trial 
of the matter, so he brings it to issue by point blank denial 
of the allegations of the plaintiff. 

4. Confession and Avoidance. ■— Self-preservation being 
“the first law of nature,” it sometimes happens that a 
person commits an unlawful act in consequence of some 
act previously done by the other person. In this case, 
the person doing the second wrong would admit the act, 
but would justify it by pleading the first act as the 
cause. 

5. Demurrer. — The law does not aim to encourage litiga¬ 
tion. It recognizes the fact that many differences among 
people are and should be adjusted by themselves. What 


DISTRICT COURTS. 


55 


one person does may be offensive or disagreeable to an¬ 
other, and yet not be sufficient cause for an action at law, 
hence the demurrer. 

Boys and girls may be aided, in getting at the spirit of 
the foregoing, if illustrations are used. The following 
homely illustrations have been found serviceable: — 

Jurisdiction. — Young people are very prompt to resent 
interference on the part of those whose right to interfere 
they do not recognize. Thus, in a game, some one other 
than the umpire may propose a decision of a disputed 
point. How quick some of the boys are to remind him 
that it is “ none of his business ! ” In this, they plead his 
lack of jurisdiction. To the watchful teacher occurrences 
illustrating this principle will often present themselves 
while observing the methods of administering justice prac¬ 
ticed by young people. 

Irregularity of Writ. —As the procedure in boy-courts is 
rarely formal, it will be difficult to find a “ familiar illus¬ 
tration ” of this pleading. But, fortunately, it is not very 
hard to understand. 

General Issue. — This is a very common boy experience. 
It is seen whenever two boys flatly contradict each other, 
and then “ leave it to ” some other boy. 

Confession and Avoidance. — This, too, is very common. 
How often we hear, “ Yes, I hit him; but he struck me 
first! ” 

Demurrer. — In almost every school there are those who 
are frequent in their complaints to the teacher. At recess 
Boy A may have pushed Boy B over, “just for fun.” If 
Boy B “ complains ” to the teacher, Boy A might say, 
“ Well, what if I did push you over, cry-baby, that’s noth¬ 
ing to run to the teacher about.” 

The demurrer neither admits nor denies the allegations 
of the complaint. The essence of the plea is, “Well, 
what of it ? Even if the complaint be true, there is no 


Studies 

in 

Civics, 
p. 65. 


56 


GOVERNMENT WITHIN THE STATE. 


Studies 

in 

Civics, 
p. 65. 


ground for an action, and we ask the court to dismiss the 
matter.” 

Evidence must go to prove the material allegations. This 
principle has two chief purposes : First, to save time, which 
would be wasted if a hundred and one statements, which 
(though possibly true) have no important bearing on the 
case, were, allowed to be introduced; and, second, to pre¬ 
vent the introduction of matter which might prejudice the 
jury, instead of aiding them in getting at the real merits 
of the case. As an illustration of the latter, suppose the 
case of an ex-convict suing for money that he had honestly 
earned since leaving prison. The question, “ Were you 
ever confined in the penitentiary ? ” might be introduced 
for the very purpose of influencing the jury against him. 
It would, in such a case, be ruled out, on the ground of 
irrelevancy. 

The evidence must be the best. The propriety of this is 
self-evident. As to the applications, it can easily be seen 
that a copy is not as good as the original instrument; be¬ 
cause in copying changes might be made, by accident or 
design, and these might be difficult or impossible of detec¬ 
tion. 

The wisdom of requiring that witnesses be competent 
is plain. The text says that this will “ usually exclude 
children below a certain age; ” but sometimes quite 
young children are allowed to testify, because in the opin¬ 
ion of the court they know the truth and the importance 
of telling it. 

Witnesses must testify of their own knoivledge , because 
it is almost impossible for a story to go through several 
hands without distortion. This is really another form or 
application of the principle requiring “ the best ” evidence. 

The burden of proof rests on the affirmative, because it 
is easier to prove the affirmative than the negative; more¬ 
over, it seems reasonable that the one who utters a proposi- 


DISTRICT COURTS. 


57 


tion should be required to sustain it, rather than that some 
one else should be expected to set it aside. And how easy 
it would be for a heedless or ill-disposed person to disturb 
the peace of innocent persons if these had to establish 
their own innocence. 

The differences between a grand and a petit jury ? 

1. Size- “ Grand ” means large; “ petit ” means small. 

The common law number for a grand jury is twenty-three, 
and for a petit jury twelve. And though by statute the 
number of grand jurors is different in many of the States, 
it is still true in most of them that the grand jury is the 
larger. 

2. Function -The grand jury investigates; the petit 

jury tries. The grand jury has to do only with criminal 
matters; the petit jury with both civil and criminal cases. 

Must a person “ held ” by a justice of the peace be indicted 
before trial P Why ? 

Yes; because he is held “ to await the action of the 
grand jury.” It is in many States a constitutional provis¬ 
ion that no one shall be held to answer in a criminal 
offense (before the district court) “except on the indict¬ 
ment of a grand jury.” But some States have no grand 
jury. 

May a person’s acts be inquired into without his knowledge ? 

Yes; for reasons given in the next answer. 

May grand jurors reveal the proceedings of the jury ? Why ? 

No. Because if a person is innocent his good name 
should not be tarnished. (This protection of reputation is 
one of the reasons for the existence of the grand jury.) 
And if he is guilty he should have no opportunity to escape. 

Why is there such a thing as a peremptory challenge ? 

Because a person often feels that a thing is so, and yet 
is unable to prove it; there are likes and dislikes that can¬ 
not be accounted for. 


Studies 

in 

Civics, 
p. 65 . 


58 


GOVERNMENT WITHIN THE STATE. 


Studies 

in 

Civics, 
p. 65 . 


Why are so many allowed to a person accused of crime ? 

To give him the fullest opportunity for defense. 

Are lawyers officers of the court? 

Yes. Among their judicial functions are the follow¬ 
ing: — 

1. The plaintiff’s attorney issues the summons to the 
defendant. 

2. The defendant’s attorney approves the bond in 
replevin. 

3. By the examination of witnesses, both attorneys aid 
in establishing the facts in the case. 

What oath does each take on admission to the bar ? 

Following is the oath required of an attorney on admis¬ 
sion to the bar in Minnesota: — 

You do solemnly swear that you will support the Constitution of 
the United States [and] the Constitution of the State of Minnesota, 
and that you will conduct yourself as an attorney and counselor in 
the courts of this State in an upright, courteous, and gentlemanly 
manner, to the best of your learning and ability, with all good 
fidelity as well to the court as to the client; that you will use no 
falsehood or deceit, nor delay any person’s cause for lucre or malice. 
So help you God. 

DEBATES. 

Resolved, That trial by jury has outlived its usefulness. 

Affirmative. — The chief arguments on this side are : — 

1. The uncertainty of a righteous decision. The jurors are, as 
a rule, unaccustomed to the weighing of testimony, and are liable 
to be influenced by prejudice, by sympathy, and by matters of 
actually minor importance. They take no notes, and necessarily 
forget many points in evidence. 

2. The expense. To allow for challenges many more jurors must 
he summoned than are actually needed. All of these must be paid, 
whether they serve or not. 

Negative. — 

1. The experience is a valuable training to the jurors themselves. 

2. The jury system prevents the work of administering justice 
from falling entirely into the hands of one class — the lawyers. 


DISTRICT COURTS. 


59 


3. Jury trials attract more attention than court cases. Sunlight Studies 

beneficial. in 

4. In many cases, the verdict of a jury is more just than would Clvlcs » 

be that of men who thought more of the law. p ' 65 ‘ 

SUGGESTIONS. 

It is the practice in the Mankato Normal School (and in many 
other good schools) to require each pupil to visit the court-room 
during a session of court, and report one full action at law. This 
visit to the court-room is made after the theory of a lawsuit has 
been taught in class. 

While much latitude is allowed in the form of the report, pupils 
are advised: — 

1. To note the divisions of the room, and to locate and identify 
each of the officers. 

2. To report in general the nature of the action — the parties, 
the issue, etc. 

3. To report in detail the steps of each process; for example, to 
note and report the exact method of empaneling the jury, the 
method of taking the evidence (the examination and the cross- 
examination, etc.). 

4. To add any personal opinions or reflections that are suggested 
or fortified by what has been seen. 

This report is due at a specified time, and for it ten per cent is 
allowed on final standing. 


REFERENCES. 

Macy’s Our Government, chaps, xvi.-xxi. 


PART II. 


Studies 

in 

Civics, 
p. 78 . 


THE STATE. 


SECTION VIII. 

('Referring to “Studies in CivicsChapter X.) 

In what sense are all men created equal ? 

Not physically, not mentally, not morally, not socially. 
They are created with equal rights to “life, liberty, and 
the pursuit of happiness ; ” all are “ equal before the law.” 

Is there anything in good blood ? 

Certainly. (See Studies in Civics , p. 248.) 

What is meant by the ** divine right ” of kings to rule ? 

The kings did not recognize “ the people ” as the source 
of their authority. By a “ fiction of law,” they had no 
earthly superiors, but derived their power and authority 
from “ on high.” 

Could a Mormon practice polygamy in this State ? Why ? 

No; because in the eyes of our race, in our civilization, 
polygamy is in its very nature a crime. (See Studies in 
Civics , p. 228.) 

Can an atheist give evidence in court ? 

Yes. He can “ affirm,” and to affirm an untruth there is 
perjury as much as to swear to one. No religious test can 
be required for the performance of any public function. 

What constitutes slander ? Libel ? 

Slander, in law, is “ the speaking by one person, in the 
presence of one or more hearers, of defamatory words con- 

60 



BILLS OF RIGHTS. 


61 


cerning another. . . .” Libel is “ the malicious publica¬ 
tion in printing, writing, signs, or pictures, imputing to 
another something which has a tendency to injure his repu¬ 
tation. . . 

Note that the essential quality in each is malice; that 
is, the deliberate intention to harm “ without just cause or 
provocation.’’ (Query : Are Puck’s cartoons libelous ?) 

On what basis may a mob be dispersed ? 

A mob differs from an ordinary assembly in the charac¬ 
teristic of motive or purpose. The ordinary assembly is 
peaceable, even if very much in earnest; the mob threatens 
violence. It then ceases to be people “ assembled peace¬ 
ably,” and may be dispersed for the public good. 

What cases of petition have you known ? 

(Near the beginning of the Studies in Civics, there are 
petitions for town, village, city, and county governments; 
for roads and bridges, etc. The student should watch 
for cases occurring in real life.) 

What is a general warrant ? A passport P 

A general warrant is one which authorizes searches and 
seizures without specifying the particular places to be 
searched, or the particular persons to be seized. (Such 
were the “ writs of assistance ” of Eevolutionary times.) 

A passport is literally permission to “pass through a 
port,” hence to enter a strange country. It is a certificate, 
from one’s country, of his nationality and standing. 

Why may the writ of habeas corpus be suspended in war time ? 

(See answers to questions, Studies in Civics, p. 177.) 

Give instances of private property taken for public use. 

Land taken for roads and railways, for public buildings, 
gravel to repair the road, etc. 

What is meant by feudal tenure? 

A method by which dependents held land, giving in 
return service in war, whence its name, feud . It is opposed 


Studies 

in 

Civics, 
p. 78. 


62 


THE STATE. 


studies to what is called tenure in fee simple, or the method of 
Civics folding ^ an< ^- as one ’ s very own, to use or dispose of as the 
p . 78 .’ owner desires. 

How long a lease of agricultural lands may be given ? 

The length varies in different States. Thus, in Wiscon¬ 
sin the limit is fifteen years; in Minnesota, twenty-one. 
This is about the usual range. 

How about business property in a city ? 

There is no limit. Many leases run for ninety-nine 
years. 

May a person lawfully carry a revolver in his pocket ? Why ? 

No. A revolver may be carried in a belt occasionally, 
but not concealed. 

What is meant by the military being subordinate to the civil 
power ? 

It means that the army shall have for its supreme com¬ 
mander a civil (not a military) officer. 

Which outranks, the secretary of war or the general of the 
army ? 

The secretary of war, for reason given above. 

Why is “quartering” soldiers forbidden? 

(See Studies in Civics, p. 229.) 

What is meant by an ex post facto law ? 

(See Studies in Civics, p. 171.) 

Why forbidden ? 

Because otherwise we would be at the mercy of our ene¬ 
mies. They might go and have laws passed declaring 
criminal many acts which are perfectly innocent in them¬ 
selves, and attach odious punishments to them. This lias 
been done in many lands, and in some may be done to-day. 

What is to hinder an enemy of yours from having you arrested 
and kept in prison a long time ? 

1. He cannot have me arrested without a warrant, unless 
I am caught in the act of committing a crime. He cannot 
get a warrant without appearing before a competent and 


BILLS OF RIGHTS . 


63 


responsible officer (a justice of the peace or other judicial 
officer), and making a definite complaint, to the truth of 
which he must make oath. And if the complaint is false, 
the person making it is liable to punishment for perjury. 

2. If arrested, I may be released on bail. 

3. If not admitted to bail, I may get out a writ of 
habeas corpus. 

What is the purpose of bail ? 

1. From the standpoint of the public, it is to secure the 
presence of an accused person at the trial. 

2. From the standpoint of the accused, it is to enable 
him to be at liberty until the time for trial comes. 

Why is it regarded as an important element of liberty ? 

Because but for it, it would be necessary to confine in 
jail persons accused of crime. (See Studies in Civics , p. 33.) 

Why should a grand jury indict a person examined and “held” 
by a justice of the peace ? 

For reasons given in answers to questions on page 65. 

Does a prisoner have handcuffs on during his trial ? Why P 

No. Because, in the eye of the law, he is innocent. 

Name the most important guarantees to accused persons. 

Though all are important, perhaps the most so are : the 
provision for bail and habeas corpus, the trial by jury, the 
compulsory process for witnesses, and the freedom from 
being twice placed in jeopardy for the same offense. 

Why are there so many provisions in their behalf ? 

For reasons given on pages 231, 232, of Studies in Civics. 

If a ruler should wish to subvert the liberties of a people used 
to these guarantees, where would he begin ? 

Probably by preventing public meetings and the publica¬ 
tion freely of opinions, this followed by deprivation of the 
right to bear arms. These being removed, he might grad¬ 
ually take away the other guarantees, and the people would 
be largely helpless to prevent his doing so. 


Studies 

in 

Civics, 
p. 78. 


64 


THE STATE. 


Studies 

in 

Civics, 
P- 79- 


What are some of the advantages of a written constitution ? 

Perhaps its chief advantage is that possessed by care¬ 
fully written papers in general — its provisions are defi¬ 
nitely stated, and can be readily referred to by all. It is, 
therefore, not likely to drift away by insensible- degrees 
from the original intent; in other words, permanency is 
one of its characteristics. 

Of an unwritten constitution? 

Adaptability to existing contingencies is perhaps its most 
observable advantage. Herein is also a danger, of course. 
But the necessities of man change, and no human foresight 
can provide for all emergencies. Hence the need occasion¬ 
ally of doing things not prescribed in the written instru¬ 
ment. 

Is any part of our constitution unwritten ? 

Yes, much of it. Por instance, it is a part of our un¬ 
written constitution that no man shall serve more than two 
terms as president. 

SUGGESTIONS. 

If the school has a set of the Charters and Constitutions published 
by the government, or can secure legislative manuals from several 
States, or is supplied with the text of several constitutions as pub¬ 
lished in pamphlet form, pupils may be required to prepare a paper 
on “Comparison of State Constitutions.” Let, say, four constitu¬ 
tions as a minimum be examined. Exhaustive work should not 
be expected. Some such outline as the following may be given as 
a guide: — 

Which is the longest ? The shortest ? How many articles has 
each, and what is each article about ? Give ten provisions common 
to all. One provision peculiar to each. What profit are you con¬ 
scious of having received from the making of these comparisons ? 

REFERENCES. 

Poore’s Charters and Constitutions. 

Legislative manuals of different States. 

Heath’s Old South Leaflets. 

Macy’s Our Government, chaps, iii., iv., xxxv.-xxxvii. 


THE LEGISLATIVE BRANCH. 


65 


Fiske’s Civil Government, chaps, vi., vii. 

Wright’s American Constitutions, the chapter on “The Unwritten 
Constitution.” 

Preston’s Documents Illustrative of American History. 


SECTION IX. 

(Referring to “ Studies in CivicsChapter XII.) 

Define Constitution. 

(See Studies in Civics , p. 74; also Macy, p. 193; and 
Fiske, pp. 187-200.) 

What is a law? 

A law is an act of the legislative body. In this sense 
Law is the same as Statute Law. In a general sense law 
is the expressed will of the governing power. 

Common Law is hard to define exactly; even the courts 
sometimes differ as to what it is in specific instances. It 
consists, in general, of the customs and immemorial usages 
of the people, and decisions of the courts of England not 
set aside by statute. 

For discussion of Equity, see Studies in Civics , pp. 207, 
208; Macy, p. 105; and Dole’s Talks About Law , pp. 
502-507. 

(Nothing elaborate regarding the preceding matters should 
be attempted at this time. They will come up later. 
This brief reference to them is pertinent at this point, and 
will serve as an introduction, so that the terms will not 
seem entirely strange when met again.) 

What is the most common name applied to the legislative body 
in the several States ? 

The Legislature. 

Any peculiar names? 

In Louisiana, Maryland, Missouri, North Carolina, Ohio, 
Pennsylvania, Rhode Island, South Carolina, Tennessee, 


Studies 

in 

Civics, 
p. 87 . 



66 


THE STATE. 


studies Vermont, and Virginia, it is called the General Assembly; 
Civics * n Massachusetts an d New Hampshire, the General Court; 
p . 87 / and in Oregon, the Legislative Assembly. 

The names most commonly applied to the respective houses? 

The upper house is invariably called the Senate; the 
lower, usually, the House of Representatives. 

How often do the sessions occur ? 

In all but six States the regular sessions occur biennially. 

In what month do most of the sessions begin? 

In January in all but nine States. In all but three 
States, the sessions occur in the winter. 

Why is this time of year so uniformly chosen ? 

Probably because farmers and many others can then best 
leave their ordinary vocations. 

What relation between the frequency of sessions and the terms of 
members ? 

Representatives usually serve through one session, and 
senators through two. We note that where the sessions 
are biennial, senators usually serve four years and repre¬ 
sentatives two. 

How does the number of senators compare with the number of 
representatives ? 

It is invariably smaller, generally from one-fourth to 
one-half the number. 

Which State has the largest House ? The smallest ? 

New Hampshire, 321; Connecticut, 249; Massachusetts 
and Vermont, 240 each; have the largest. Delaware, 20; 
Nevada, 40; New Jersey and Oregon 60 each; have the 
smallest. 

Why is the term senate so common ? 

Meaning old , it has suggestiveness of dignity and wisdom. 

In what section are the terms the shortest ? Why ? 

In the New England States. Having been leaders in 
the fight against royal prerogative, they early became 


THE LEGISLATIVE BRANCH. 


67 


impressed with the necessity of short terms for public studies 
servants. (See Studies in Civics , p. 81.) in 

x 7 r ' Civics, 

Which States demand highest qualifications ? P- 88 - 

For Senate, Kentucky, Missouri, New Hampshire, New 
Jersey, Ohio, Tennessee, and Vermont; for House, Colo¬ 
rado, Delaware, Kentucky, Missouri, Ohio, and South 
Dakota. 

If two persons claim the same seat in the Senate, who decides 
between them? 

The Senate. 

In the lower House ? 

The lower House. 

What are the returns, and where are they kept? 

The returns are reports of election from the polling- 
places. They are kept in the office of the county clerk or 
auditor. An abstract of them is sent to the secretary of 
State. 

What appeal is there from the decision of either House ? 

There is no appeal. 

What is to keep a member of the Legislature from slandering 
people ? 

1. His own sense of honor. 

2. The curb which his House has upon him. Some¬ 
times, however, a member does indulge in downright 
slander. 

State five powers that can be exercised by the Senate. 

1. Confirming appointments. 

2. Trying impeachments. 

3. Choosing Senate officers. 

4. Passing upon the election of members of the Senate. 

5. Making rules of order for the Senate. 

Five (in some States four) exercised only by the House. 

1. Originating revenue bills (in most States). 

2. Bringing impeachments. 


THE STATE. 


68 

Studies 

in 

Civics, 

p. 88. 


Studies 

in 

Civics, 
p. 94. 


3. Choosing House officers. 

4. Passing upon membership of the House. 

5. Making rules of order for the House. 

Is a member of the Legislature eligible for election as governor 
or U. S. senator? 

Yes. But before serving as such he would have to resign 
as member of the Legislature. Though a congressmans 
term begins March 4, Congress does not convene until the 
following December. A member of the Legislature could 
continue there after March 4, unless an “ extra ” session 
of Congress should demand his presence. 

Could one secure some of the actual ballots that had been used 
in an election ? Why ? 

No; because they are usually preserved until next 
election. 


* SECTION X. 

(Referring to “Studies in CivicsChapter XIII.) 

Which States require the highest qualifications for governor ? 

Kentucky, Wisconsin, Georgia, and New Jersey. 

The lowest ? 

Ohio, Khode Island, Vermont, West Virginia, and Wis¬ 
consin. In these States it is sufficient that one be a voter. 

Which give the longest term ? 

California, Delaware, Elorida, Illinois, Indiana, Ken¬ 
tucky, Louisiana, Maryland, Mississippi, Missouri, Mon¬ 
tana, Nevada, North Carolina, Oregon, Pennsylvania, the 
Virginias, and Washington, each elects for four years. 

The shortest ? 

Massachusetts and Khode Island, each one year. 

The highest salary ? 

New York and Pennsylvania, $10,000 a year. 






THE GOVERNOR. 


69 


The lowest ? 

Michigan and Rhode Island, $1,000 ; and Oregon and 
Vermont, $1,500. 

In which States is a majority vote required ? 

Connecticut, Georgia, Maine, Massachusetts, New Hamp¬ 
shire, Rhode Island, and Vermont. 

Does there seem to be any sectional law in these things P 

Yes. All the States that limit the number of terms 
(except Indiana) are Eastern or Southern States ; the same 
with those having no lieutenant-governor. All of the New 
England States require a majority vote, and with them 
Georgia, a Southern State. None of the comparatively 
new States have any of these peculiarities. 

What seems to be the common order of succession to the gov¬ 
ernorship ? 

The lieutenant-governor, the president pro tem. of the 
Senate, the speaker of the House. 

What exceptions ? 

In the Dakotas and Wisconsin, after the lieutenant-gover¬ 
nor comes the secretary of State. Probably the Dakotas 
contain a good many people from Wisconsin. 

In Massachusetts the vacancy in the governorship is filled 
by the legislative council. 

What is meant by saying that the governor executes the laws ? 

It is not meant that he personally executes the laws. He 
is “to see” that the laws are faithfully executed. He is 
the chief executor. As such he, among other things, — 

1. Appoints many officers provided for by law. 

2. Removes many officers in case of failure to perform 
their duties. 

3. Fills vacancies by temporary appointments. 

Is the sheriff an executive or a judicial officer ? 

As an arm of the court, he may be classed as a judicial 
officer. But as he simply executes the decrees of the courts, 
he is more properly called an executive officer. 


Studies 

in 

Civics, 
P- 94- 


70 


THE STATE. 


Studies 

in 

Civics, 

P-94- 


The constable ? 

Corresponding in town to the sheriff in the county, the 
preceding answer applies also to the constable. 

The mayor of a city ? 

He is almost purely an executive officer, carrying out 
the ordinances of the council. 

Can an executive officer be sued ? A judicial officer ? 

Yes. These officers have not the exemption of legislators. 

How many senators and representatives would it take to pass a 
bill over the governor’s veto P 

That depends upon the number in each House. It takes 
two-thirds of a quorum of each House. The number for 
any State may be figured out by reference to the compara¬ 
tive table on pages 292, 293 of Studies in Civics. 

H the governor leaves the State temporarily, who acts in his 
stead P 

The lieutenant-governor. 

How long would he so act ? 

Till the governor returns. 

Could he pardon convicts at that time ? 

Yes. 

If the State superintendent wishes legal advice on some point in 
school law, to whom should he appeal ? 

To the attorney-general. 

How much would he have to pay for the advice ? 

Nothing. 

What force would the opinion have ? 

Till set aside by the decision of a court, it is accepted as 
binding — as the official interpretation of the law. 

Could he secure an opinion as to private matters on the same 
terms ? 

No. 




THE SCHOOL FUND . 


71 


If you had a bill against the State, how would you get your 
pay? 

If money has been appropriated by the Legislature for 
the purpose, present the bill to the State auditor. If, in 
his judgment, the bill should be paid, he will issue an order 
on the State treasurer for the money. 

If no appropriation for the purpose has been made, the 
bill must be presented to the Legislature for its considera¬ 
tion. If the Legislature passes an appropriation bill, the 
claimant proceeds as indicated in the preceding paragraph. 

If payment is refused, what can you do? 

If, an appropriation for the purpose having been made 
by the Legislature and the money being in the treasury, 
the auditor refuses to draw his order or warrant on the 
treasurer, you could probably get a mandamus from the 
supreme court, ordering the auditor to draw the warrant. 

If there has been no appropriation, and the Legislature 
refuses to make one, you have no recourse. You cannot 
compel a State to pay even an honest debt. 

How are the expenses of the State government met ? 

By direct taxes, apportioned to the counties by the State 
auditor, and by him (or other computing officer) levied or 
spread upon the tax-roll. 

What are the sources of the school fund in this State ? 

Answering for Minnesota (as a type) : — 

1. The interest on the sale of school lands, apportioned 
twice a year. 

2. The State one-mill tax. 

3. The county one-mill tax. 

4. The local tax voted at annual meeting. 

5. The proceeds of certain penal tines. 

(This answer is practically right for many States. But 
the teacher or student in any State other than Minnesota 
should look this matter up in the statutes, blue-book, or 
elsewhere.) 


Studies 

in 

Civics, 
p. 94 . 


72 


THE STATE. 


Studies Who sells the school lands ? Where ? When ? 

* n The land commissioner, who, in Minnesota, is the State 

Civics, 7 7 7 

p. 94. auditor. At the count}*- seat. 

When the county commissioner thinks that the minimum 
price can be obtained. 

Is there any U. S. superintendent of public institutions? 

Yes ; but he is called the Commissioner of Education. 
He is a bureau chief in the Department of the Interior. 


SECTION XI. 

(jReferring to “Studies in CivicsChapter XIV.) 

studies The answers to these questions are local, and must be 
in looked up in the statutes, the legislative manual, etc. 

Civics, . 

p . gg. For Minnesota, the answers are : — 

State University at Minneapolis ; State Normal Schools 
at Winona, Mankato, St. Cloud, and Moorhead ; Schools 
for the Deaf and Dumb, for the Blind, and for Imbeciles 
at Faribault; State School for Indigent Children at Owa- 
tonna; Insane Asylums at St. Peter, Bochester, and Fer¬ 
gus Falls; State Beform School at Bed Wing; State 
Prison at Stillwater; State Beformatory at St. Cloud. 

The maximum rate for passengers in Minnesota is three 
cents per mile. This rate was fixed by the railroads them¬ 
selves, influenced by the B. B. Commissioners. 

If a farmer wishes a car for the shipment of his grain, 
he applies to the company for it. If his request is, in his 
judgment, needlessly denied, he may appeal to the B. B. 
Commissioners, who will see that he is justly treated. 

Kerosene is not carried in casks as much as formerly. 
But in village retail and city wholesale groceries they may 
still be found. The inspector’s mark runs somewhat thus : 



THE JUDICIAL DEPARTMENT. 


73 


“ Approved for illuminating purposes, by C. Polchow, dep¬ 
uty inspector, Blue Earth County. FI. test 128.” 

What inducements to immigrants does this State offer ? 

To the poor, cheap lands for homes and plenty of well- 
paid work on farm in mill and mine, store and factory. 
To the well-to-do, good opportunities for investment. To 
all, an invigorating climate, excellent society, and unsur¬ 
passed schools. 

Are there Immigration Boards in the Eastern States and Europe ? 
Why? 

No; because those States have no need of immigration. 


SECTION XII. 

(Referring to “Studies in CivicsChapter XV.) 

Give jurisdiction of justice court, probate court, etc. 

(See Studies in Civics , pp. 25, 54, 58, 99,100, 296, 297.) 

Who is recording officer of a justice court? 

The justice himself. 

Of a probate court? 

The judge himself usually, though he may have a clerk. 

Of a district court? 

The clerk of the district court. 

Of the supreme court? 

The clerk of the supreme court. 

Who keeps the record of the testimony in a justice court? 

If any record is kept, it must be kept by the justice. 

In a district court? 

There is a “ short-hand ” reporter appointed for the pur¬ 
pose by the court. 


Studies 

in 

Civics, 
p. 99. 


Studies 

in 

Civics, 
p. 101. 



74 


THE STATE. 


Studies 

in 

Civics, 
p. 102. 


What is meant by “noting an exception,” and why is it done? 

Testimony is given by witnesses in answer to questions 
proposed by the attorneys. Some questions may be asked 
which are “ irrelevant, immaterial, and incompetent.” If 
a question is asked which the opposing attorney considers 
irrelevant, he may “object” to the question. It is for the 
judge to decide whether or not the question shall be an¬ 
swered. When he decides, the attorney who is “ over¬ 
ruled ” may “ note an exception; ” that is, may ask the 
reporter to make note of the fact in his record that the 
attorney does not consider the ruling of the judge correct. 

The purpose of noting the exception is to have it as a 
ground of appeal in case of defeat. (See Studies in Civics , 

p. 100.) 

If a litigant is dissatisfied with the decision of the supreme court, 
what can he do ? 

If the case involves only State law, he can do nothing; 
the decision of the supreme court is final. That is why it 
is called the supreme court. (See Studies in Civics , 

p. 101.) 

But it majr be noted here that in New York and New 
Jersey there is a court of errors and appeals above the 
supreme court; while in Illinois there are district appel¬ 
late courts between the circuit and the supreme courts. 
Texas has two supreme courts, one civil and the other 
criminal. 

In Maryland, Virginia, and West Virginia, the supreme 
court is called the court of appeals. 

Who besides the judges of the supreme court can issue the writ 
of habeas corpus ? 

Judges of the district court, court commissioners, judges 
of U. S. courts, and in some States the probate judge. 

For answers to most of the questions in next two para¬ 
graphs, see Legislative Manual, and Studies in Civics , 
pp. 296, 297. 


THE JUDICIAL DEPARTMENT. 


75 


Who prepares the syllabi of decisions for publication? 

The reporter of the supreme court. 

Which States of the Union have the largest supreme court ? 

Maryland and New Jersey, each nine judges; and 
Illinois, Massachusetts, New York, New Hampshire, Penn¬ 
sylvania, and Vermont, each seven. 

Which the smallest ? 

Fifteen of the States have courts of only three members 
each. 

Which demands the highest qualifications? 

Fifteen States require by constitutional provision that a 
supreme court judge be at least thirty years old; ten of 
these require that he be “learned in the law.” In the 
other States, by an unwritten law, as high qualifications 
as these are doubtless required. 

In which is the term the longest ? 

In Delaware, Florida, Massachusetts, and Rhode Island, 
the term is for life, or during good behavior; in New 
Hampshire, till 70; in Pennsylvania, 21 years; in Mary¬ 
land, 15 years; in New York, 14 years; in California, 
Georgia, Louisiana, Virginia, and West Virginia, 12 years. 

In which the shortest? 

In Vermont, 2 years; and in Ohio, 5 years. 

Does a decision of the New York supreme court have any weight 
in Minnesota ? 

Yes; it is quoted to the court by the attorney, and, 
unless our own supreme^ court has rendered a decision on 
the same point, it (the New York decision) is supposed to 
indicate the proper interpretation of the matter. That is, 
the decisions of the supreme courts of all the States are 
respected in each State, unless that State’s own court has 
passed upon the point, in which case the decision of the 
supreme court of the State is authority. The fact is, that in 


Studies 

in 

Civics, 

p. 102. 


76 


THE ST A TE. 


Studies 

in 

Civics, 
p. 102. 


many ways the general laws of the several States are much 
alike, and similar questions are arising in different States. 

Which States’ supreme court decisions rank highest? 

Those of New York perhaps stand first, closely followed 
by Pennsylvania and California. In these States the terms 
are long, and the salary quite large. New York has been 
the “ mother State ” for many of the newer States west of 
her, and this fact has had its influence. 

SUGGESTIONS. 

It should be impressed upon the pupils that cases are not tried in 
the supreme court, they are simply reviewed, the point being to de¬ 
termine whether or not they have been properly tried in the court 
below. 

The general steps in taking an appeal may be had from an attor¬ 
ney, from whom also the “ paper-book,” “ brief,” and other illustra¬ 
tive material may be had. One lesson may be profitably spent on 
this. Of course, pupils will not fully comprehend it all, but they will 
have something more of an idea of the supreme court and its 
functions. 

The question should be raised in this connection, “ Why should a 
decision of the supreme court carry more weight than that of the 
trial court ? ” If pupils are given an opportunity to think, they will 
work out most, if not all, of the following reasons : — 

1. Because it is composed of more judges. 

2. Individually these are, as a rule, stronger. Most of the su¬ 
preme court judges have served with distinction as district or circuit 
judges. 

3. The personal element is removed, largely. That is, the par¬ 
ties are not likely to be personally friendly or otherwise with more 
than one of the judges. 

4. The supreme court has more tiip£ for consideration. 

5. It has access to the best law library in the State, the State 
library. 

REFERENCE. 

Macy’s Our Government , chaps, xviii., xxi. 


RETROSPECT AND PROSPECT. 


77 


SECTION XIII. 

{Referring to “ Studies in CivicsChapter XVI.) 

Who constitute the legislative department in a town ? 

The people, and to a limited extent the supervisors. 

In a village ? In a city ? 

The council of each respectively. 

In a county P 

The board of county commissioners or supervisors. 

The executive in each ? 

In a town, the supervisors, the clerk, the treasurer, etc., 
as given on page 103 of Studies in Civics ; in a village, the 
president of the council, the treasurer, the assessor, the 
marshals and other police, the street commissioner, etc.; 
in a city, the mayor is the chief executive, and the officers 
corresponding to those mentioned for the village are sub¬ 
ordinate ; in a county, the sheriff, the register of deeds, the 
clerk and the treasurer, the superintendent of schools and 
county surveyor, in fact, all the county officers except 
the commissioners, the judge of probate, the clerk of the 
court, the coroner, and the court commissioner. 

The judicial ? 

In town and village, the justices of the peace; in a city, 
justices of the peace and judge and clerk of municipal 
court; in county, judge of probate, clerk of court, coroner, 
court commissioner, and in a sense the judge of the dis¬ 
trict court. 

Show that the county superintendent of schools is in a sense a 
State executive officer. 

The State, through its legislature, makes laws for the 
regulation and management of schools, and the superin¬ 
tendent is intrusted with the execution of these laws; 


^studies 

in 

Civics, 
p. 104. 


78 


THE STATE. 


studies hence he may be said to be an executive officer of the 
Civics State* But, as his jurisdiction is limited to the county and 
p. 104 / he receives his pay from it, he is, of course, considered 
a county officer. 

Do any local officers belong to the State legislative department? 

No. 

Should the judges of the circuit (or district) court be elected or 
appointed ? 

According to prevailing custom, or what might be called 
the genius of our State institutions, the principal State 
officers are all elected. This is an argument in favor of 
election. Those who favor having the judges appointed 
would probably argue that: — 

1. The intelligence of the appointing power (the gov¬ 
ernor) is above the average of the electing power (the 
people). 

2. When judges are elected they are tempted to favor 
in a suit a strong party — are liable to pause before public 
opinion, even when it is wrong. 

Should all county officers be elected at the same time? 

It would seem better to retain always a number of ex¬ 
perienced officers; thus, the auditor and the treasurer, who 
have such intimate relations, might be elected at different 
times. It would probably not make much difference in the 
case of other officers. 

To whom would a Congressman send his resignation ? 

To the governor of his State, the person “ authorized [by 
the U. S. Constitution] to order a new election.” 

A judge of the State supreme court ? 

To the governor. 

Where the Legislature elects (as in Connecticut, Georgia, 
Bhode Island, South Carolina, Vermont, and Virginia), the 
governor would communicate the fact of the vacancy to 


RETROSPECT AND PROSPECT. 


79 


the Legislature, if it were in session; if not, he would studies 
make a temporary appointment. Ci^cs 

Where the people elect, as in most States, the governor p . I04 .’ 
is the person authorized to order an election. 

Where the governor appoints (as in Delaware, Florida, 
Louisiana, Maine, Massachusetts, Mississippi, New Hamp¬ 
shire, and New Jersey), he is the “ officer that appoints.” 

The county auditor ? 

To the county board of commissioners, because it is 
authorized to make the temporary appointment. 

SUGGESTIONS. 

This chapter, as its title indicates, is meant as a sort of summary 
of the preceding work, and an outlook toward the coming work. 

The amount of emphasis to be put upon it will be determined by the 
teacher’s judgment. 

REFERENCE. 

Macy’s Our Government , chap. vii. 


PART III. 


Studies 

in 

Civics, 
p. 104. 


THE NATION. 


SECTION XIV. 

(Referring to “Studies in CivicsChapter XVII.) 

Name a country that ever allowed its colonies representation in 
its home legislative body. 

No country ever did such a thing. No country does it 
to-day. In the legislative chamber of France there are, 
perhaps, a dozen delegates from French colonies, just as 
there is a delegate in Congress from each of our organized 
territories. But this is not really allowing representation. 
Neither in number nor powers do these delegates “ repre¬ 
sent 99 the colonies or territories. They simply ask for 
the things which the places from which they come may 
desire. 

Why do territories desire to become States ? 

1. To secure representation in Congress. 

2. To acquire the right to choose their own officers, and 
to manage their own affairs. 

Name some country, other than England, which could have 
given birth to the United States. 

From no other country could we have inherited the ideas 
that we have; and in no other were rights, political and 
civil, intrenched in such guaranties. The student would 
do well to look up the history of the guaranties mentioned 
on pages 107 and 231 of Studies in Civics , and try to find 

80 



HISTORICAL. 


81 


some other country from which we could have got them, studies 
Don’t give up the search too easily. Holland, Switzerland, c /" cs 
and Scandinavia possessed many of the same ideas.* p . 109 .’ 

What did the Due de Choiseul mean by his remark ? 

He meant, probably, just what happ%ned 7 that the acces¬ 
sion of territory would make it possible for a great nation 
to spring up or grow up in America; and that the removal 
of French claims, presence, and influence would remove 
the necessity for union with England. 

Upon what did he base his opinion? 

1. Upon history. “ Many a time and oft” colonies had 
grown to separate nationality. 

2. Upon English traits. He knew that, made of the 
self-asserting stuff that they were, these people would not 
endure what up to that time, through all history, had 
been the treatment of colonies by the home government. 
Through all time colonies had been founded for the ag¬ 
grandizement of the mother country. 

3. The position of the colonies. Separated so far from 
England, the colonies had abundant opportunity to grow 
apart from her. 

Why did Prance help America? 

1. Because of the immemorial animosities between 
France and England. 

2. Because the fair soil of America had been wrenched 
from France by England. 

3. Because the Americans showed themselves able to 
help themselves. The French, be it remembered, came to 
our aid only after Burgoyne’s surrender. 

Speaking of the colonies, what is meant by “royal province,” 
“charter government,” and “proprietary government? 

A royal province was one whose governor and other chief 
officers were appointed by the king or queen. 

A colony having, like Connecticut and Rhode Island, a 


82 


THE NATION. 


studies charter prescribing its powers and duties was said to be 
Civics Un( ^ er charter government. 

P . 109 / It should be noted that some of the royal provinces 
(Massachusetts, for example) had charters. For this rea¬ 
son it has been suggested that Connecticut and Rhode 
Island (which elected their own governors) should be 
called “ republican colonies.” 

Maryland and Pennsylvania not only belonged to Lord 
Baltimore and William Penn, but the government of these 
colonies was in their hands. Hence these two colonies 
(and others for short periods) were said to be “ proprie¬ 
tary” governments. 

What experience in law-making did the colonists have ? 

In each of the colonies, except Pennsylvania, the legis¬ 
lative assembly consisted of two houses, to one of which 
the people chose the members. In Pennsylvania there was 
only one house, the popular assembly. So the people were 
familiar with choosing their representatives. (In Connect¬ 
icut and Rhode Island, they chose all their officers. In 
Maryland the people at first came and participated in the 
legislative proceedings directly.) 

In the legislatures moneys were voted for public expen¬ 
ditures, for peace and war, laws were' made, intercolonial 
disputes were considered, etc. 

Where and when was the first representative assembly convened ? 

At Jamestown, Va., in 1619. 

Where in the Declaration of Independence is there complaint of 
non-representation in Parliament? 

Nowhere. Those who framed the Declaration knew that 
such representation was impracticable. 

How came we to have no State church ? 

This is the effect of two causes : — 

1. The fact that a large number of the people, who 
themselves or whose ancestors had suffered for conscience’ 


ORIGIN OF THE CONSTITUTION 


83 


sake, were, as a matter of. conviction and principle, opposed 
to any union of church and state. 

2. The great variety of churches and the jealous loyalty 
of the adherents of each would have made it impossible to 
agree on one as -state church. 

SUGGESTION. 

The chapter, being purely historical, may be passed over some¬ 
what rapidly. It will mean more in review. 


SECTION XY. 

(.Referring to “ Studies in Civics ,” Chapter XIX .) 

Group the defects of the Articles of Confederation. 

I. Defects of Organization: — 

1. The shortness of the terms of representatives. 

2. The limitation on their service. 

3. The provision for recall. 

4. Their payment by the State represented. 

5. The method of voting. (If there happened to be 
only one representative present the State lost its vote, and 
the same result followed if there was a tie in its delegation 
on any question. The large States, too, properly objected 
to the small States having as much power as they had.) 

6 . The absence of an executive department. (There 
was really no need of one, under the impotency of the 
Congress. It could only say what should be done, but the 
doing of it — the executive work — was in the hands of 
the States.) 

7. The absence of any judiciary. The “ ordinances ” of 
Congress (they did not even pretend to be laws) were in¬ 
terpreted by each State as it saw fit. And there were no 
acts that affected individuals. Under the Articles of Con- 


studies 

in 

Civics, 
p. 119. 



84 


THE NATION. 


studies federation, let it be repeated, the theory was that this was 
Civics s i m ply a l ea g ue of friendship among sovereign States. 
p . 119. jj Defects in Essential Powers: — 

The United States, under the Articles of Confederation, 
lacked the power to continue its own life, to preserve its 
integrity and honor, or to preserve the peace within its 
borders. 

1. It could not levy taxes, even to meet its legitimate 
expenses or to pay its honest debts. It had to depend on 
requisitions on the States — a plan that has always proved 
inefficient. 

2. It could not raise an army or provide a navy, so that 
it was unable to protect itself against enemies, foreign or 
domestic. 

3. It could advise, but could not act. 

State the provisions of the Virginia plan. 

Virginia having initiated the convention, Washington, 
. Madison, and others of her leading men felt it to be their 
duty to propose at the opening a finished plan for con¬ 
sideration. 

“The task of preparing the outlines of a constitution 
as the basis for the deliberations of the convention was 
undertaken by Madison. His experience and his studies 
fitted him for the office. He had been a member of 
the convention which formed the first constitution of 
Virginia; of its first legislature as a State; of its executive 
council when Patrick Henry and Jefferson were governors; 
for three years a delegate to Congress; 1 then a member of 
the Virginia legislature; a commissioner at Alexandria; 
and, as soon as the rule of rotation permitted, again a 
member of Congress. From the Declaration of Independ¬ 
ence he had devoted himself to the study of republican 
and of federal government. . . . Washington at Mount 

1 He was then barred out by the ineligibility clause. 


THE VIRGINIA PLAN. 


85 


Vernon was equally studious. He made himself familiar studies 
with the reasons of Montesquieu; and he obtained the Ci ^ cs 
opinions, not of Madison only, but of Knox and of Jay. 1 ” P . ng.’ 

On the 29th of May, Edmund Randolph, then governor 
of Virginia, introduced the following resolutions, which had 
been agreed upon by the delegates from that State, and 
which constitute what is known as the Virginia plan : — 

1. “The Articles of Confederation ought to be so cor¬ 
rected and enlarged as to accomplish the objects proposed 
by their institution; namely, common defense, security of 
liberty, and general welfare. 

2. “The rights of suffrage in the national legislature 
ought to be proportioned to the quotas of contribution, or 
to the number of free inhabitants. 

3. “The national legislature ought to consist of two 
branches, of which the members of the first or democratic 
house ought to be elected by the people of the several 
States; of the second, by those of the first, out of persons 
nominated by the individual legislatures. 

4. “ The national legislature, of which each branch 
ought to possess the right of originating acts, ought to 
enjoy the legislative rights vested in Congress by the Con¬ 
federation, and, moreover, to legislate in all cases to which 
the separate States are incompetent, or in w r hich the har¬ 
mony of the United States might be interrupted by the 
exercise of individual legislation; to negative all laws 
passed by the several States contravening the articles of 
union; and to call forth the force of the union against any 
member of the union failing to fulfill its duty under the 

' articles thereof. 

5. “ A national executive, chosen by the national legisla¬ 
ture and ineligible a second time, ought to enjoy the execu¬ 
tive rights vested in Congress by the Confederation, and a 
general authority to execute the national laws. 

1 Bancroft’s History of the Constitution, pp. 202 , 203 . 


86 


THE NATION. 


Studies 

in 

Civics, 
p. 119. 


6 . “The executive and a convenient number of the 
national judiciary ought to compose a council of revision, 
with authority to examine every act of the national legisla¬ 
ture before it shall operate. 

7. “ A national judiciary ought to be established; to 
consist of supreme and inferior tribunals; to be chosen by 
the national legislature; to hold their offices during good 
behavior, with jurisdiction to hear and determine all 
piracies and felonies on the high seas; captures from an 
enemy; cases in which foreigners and citizens, a citizen of 
one State and a citizen of another State, may be interested; 
cases which respect the collection of the national revenue; 
impeachments of national officers; and questions which 
may involve the national peace and harmony. 

8 . “ Provision ought to be made for the admission of 
States lawfully arising within the limits of the United 
States. 

9. “ A republican government, and the territory of each 
State ought to be guaranteed by the United States. 

10. “ Provision ought to be made for the completion of 
all the engagements of Congress, and for its continuance 
until after the articles of union shall have been adopted. 

11. “Provision ought to be made for the amendment of 
the articles of union; to which the assent of the national 
legislature ought not to be required. 

12. “ The legislative, executive, and judiciary powers, 
within the several States, ought to be bound by oath to 
support the articles of union. 

13. “ The amendments which shall be offered to the 
Confederation by the convention ought, after the appro¬ 
bation of Congress, to be submitted to assemblies of rep¬ 
resentatives, recommended by the several legislatures, to 
be expressly chosen by the people to consider and decide 
thereon.” 

Among the features of the Virginia plan that were in- 


THE VIRGINIA PLAN. 


87 


corporated into the Constitution as finally agreed upon studies 
were the following:— c _ in 

1. The division of powers (legislative, executive, and p . n 9 .’ 
judicial) among three different sets of persons. 

2. The structure of Congress in two houses [Art. I. 
section 1 ]. 

3. The election of members to the “ first or democratic 
house ” by the people [I. 2 : 1 ]. 

4. Provision for calling out the military forces of the 
Union [I. 8 : 15, 16]. 

5. The organization of inferior courts, as well as the 
supreme court of appeal [III. 1]. 

6 . The jurisdiction of federal courts, largely as outlined 
[III. 2], 

7. Provision for the admission of new States [IY. 3]. 

8 . The guaranties by the United States of a republican 
government and unimpaired territory to each State [VI. 

3,4]. 

9. Provision for paying the debts contracted by the 
United States under the impotent Articles of Confedera¬ 
tion [VI. 1]. 

10. Provision for amending the Constitution [V.]. But 
as an alternative, Congress may propose amendments, so 
the assent of the national legislature may be required. As 
a matter of fact, all the amendments so far have been pro¬ 
posed by Congress. 

11. The requirement of the oath to support the articles 
of union [VI. 2, 3]. 

12. The ratification of the Constitution by the people in 
delegate convention [VII.]. 

Among the features of the Virginia plan which were not 
incorporated into the Constitution may be mentioned : — 

1. The apportionment of representation on the basis of 
wealth or quotas of contributions. 

2. The method of choosing the members of the second 
house (afterwards called the Senate). 


88 


THE NATION. 


Studies 

in 

Civics, 
p. 119. 


3. The negative by the national legislative of “ all laws 
passed by the several States contravening the articles of 
union; ” but they may be declared unconstitutional, and 
therefore void, by the courts of the United States [VI. 2]. 

4. There is no council of revision to examine every act 
of the national legislature before it shall operate. 

So it will be seen that most of the features of the Vir¬ 
ginia plan were adopted, and that few of them were re¬ 
jected. 

State the provisions of the New Jersey plan. 

“ The plan of New Jersey, which Paterson presented 
on the fifteenth [of June], was a revision of the Articles of 
Confederation. It provided a congress of States in a single 
body; granted to the United States a revenue from duties, 
stamps, and the post-office, but nothing more except by 
requisitions; established a plural executive to be elected 
and removable by Congress; and conferred on State courts 
original, though not final, jurisdiction over infractions of 
United States laws.” 1 

Contrasting these two plans, it will be seen that the plan 
of New Jersey was federal, deriving its powers from the 
States, while that of Virginia was national, deriving its 
powers from the people of the whole country; the former 
aimed simply to amend the Articles of Confederation (by 
slightly enlarging the powers of Congress), the latter to 
establish a new framework. 

State the provisions of Hamilton’s plan. 

The “ assembly ” was to consist of persons chosen by the 
people, with a term of three years. There was to be a 
senate elected by electors to be chosen by the people, the 
senators to serve during good behavior. The chief ex¬ 
ecutive was to be elected by electors chosen by electors 
chosen by the people ; and his term was to be during good 


1 Bancroft’s History of the Constitution, 233. 


THE CONNECTICUT PLAN. 


89 


behavior, subject to removal by impeachment. The courts studies 
of the United States were to be “ above the State govern- in 

Civics, 

ments m all matters of general concern.” The governors p . n 9 . 
of the States were to be appointed by the general govern¬ 
ment, and were to have a negative in all State legislation. 

Hamilton aimed simply to amend the Virginia plan. 

For days the struggle continued between the national 
principle embodied in the Virginia plan and the federal 
principle of the New Jersey plan. The former was sup¬ 
ported in the main by the “ large ” States — Virginia, the 
Carolinas, Georgia, Massachusetts, and Pennsylvania being 
the leaders ; the latter by the “ small ” States — New 
Jersey, Maryland, and Delaware, with New York divided, 
and Connecticut rather neutral. Rhode Island was not rep¬ 
resented. (The Southern States, having at that time im¬ 
mense areas, were “ great ” in expectation ; while New York, 
whose destiny was unforeseen, was reckoned “ small.”) 

State the provisions of the Connecticut plan. 

Connecticut had no distinctive “ plan ” or general scheme 
of government. Being a small State, she naturally feared 
the Virginia plan, which from her standpoint was “ merely 
a scheme to secure the bulk of the spoils to the combi¬ 
nation of a few large States.” Connecticut had, for more 
than a hundred and fifty years, maintained a mixed na¬ 
tional and federal form of government, the several towns 
therein having equal power in one house of her legislature. 

She was thus prepared to offer the compromise which to 
some extent satisfied both large and small States, whereby 
representation in one house was to be proportional , and in 
the other equal. 


SUGGESTIONS. 

Every school library should contain Bancroft’s History of the 
Constitution. 

As preparation for the next chapter, the teacher should direct 


90 


THE NATION. 


Studies attention to the structure of the Constitution, so that the pupils 
in may use terms properly. They should note that the grand divis- 
Clvlcs ’ ions of the instrument are called Articles , that these are divided 
p ' ” 9 ' into Sections , and these subdivided into Clauses. 

REFERENCES. 

Fiske’s Civil Government, chap, viii., sect. 1. 

Macy’s Our Government, chap. v. 

Martin’s Civil Government, chaps, xxv., xxvi. 

Bancroft's History of the Constitution. 

Curtis’s History of the Constitution. 

Fiske’s Critical Period of American History. 


TABULAR VIEW. 

HOUSE OF REPRESENTATIVES. 

I. Number. — 

1. Based upon population. 

2. Limitations: 

(а) Not more than one for 30,000 inhabitants. 

(б) Each State at least one. 

II. Qualifications. — 

1. Age, 25 years. 

2. Citizenship, 7 years. 

3. Inhabitancy, of State from which chosen. 

4. Office, not holding any under the United States. 

5. Loyalty, not have broken official oath ; or, if so, been 

pardoned for it. 

III. Election. — By people, as State legislature directs ; subject, 

however, to Congressional control. 

IV. Term. — Two years. 

V. Removal. — By two-thirds vote of House. 

VI. Vacancy. — Filled by new election called by governor. 


THE CONSTITUTION. 


91 


SECTION XYI. 

(Referring to “Studies in CivicsChapter XXI.) 

What is a constitution ? 

(See Studies in Civics, p. 74.) 

What is a law? 

A law is an act of the legislative body. (By reference to 
the dictionary and other sources, students would do well 
to bring in a number of definitions and compare them.) 

How many of the reasons in the preamble are general, and how 
many are special? (See Studies in Civics , pp. 9-12.) 

Three are general: to promote the general welfare 
(carry on public works), to establish justice, and to pro¬ 
vide for the common defense. The other three are special 
reasons for forming this kind of a government at that 
time. 

What is a preamble? 

A preamble is an introduction. It usually states the 
purpose of what follows. 

How many houses do most legislative bodies have ? 

By reference to pages 292, 293, of Studies in Civics , it 
will be seen that every State legislature consists of two 
houses. And on pages 302, 303, it appears that this is true 
of the principal constitutional governments of the world. 
Greece, with its single chamber, seems to be the only 
exception. The Province of Ontario has a unicameral 
legislature. 

How many did the Congress have under the Confederation? 

Only one. Because it was an advisory convention rather 
than a legislative-body. The real legislative power was in 
the hands of the several States. 

Why has Congress two Houses? 

(This question is answered in Studies in Civics, p. 124.) 


Studies 

in 

Civics, 
p. 132. 


92 


THE NATION. 


Studies 

in 

Civics, 
p. 132. 


How many representatives has this State in Congress? 

(See Studies in Civics, pp. 310, 311, or a political almanac.) 

Give their names by districts. 

(To ascertain these, consult the Legislative ^Manual, the 
Congressional Directory, or a good political almanac.) 

The next two questions are intended to connect home 
with the world. Answers may be obtained from parents 
or friends. 

Nevada, with only 62,261 inhabitants (1880), has a representative 
in Congress. Why ? 

Because of the provision of the United States Constitu¬ 
tion (I. 2 : 3) which reads thus : “ But each State shall have 
at least one representative.” 

What proportion of U. S. officers are elected? 

There are only two, the President and the Vice-President. 
All other U. S. officers are appointed. Senators and Bep- 
resentatives are elected, but they are not “ officers.” 

What is the most numerous branch of the Legislature called? 

(See Studies in Civics, p. 292, column 3.) 

What qualifications must electors to that House have? 

(See Studies in Civics, pp. 300, 301.) 

Whom else can these persons therefore vote for ? 

For members of the U. S. House of Representatives (I. 

2 : 1 .) 

If this State desired higher qualifications in electors for U. S. 
representatives, how could she require them ? 

By requiring higher qualifications in electors for the 
State House of Bepresentatives, or lower House. 

May a person not a citizen of the United States vote for a mem¬ 
ber of Congress? 

Yes. Seventeen States allow persons to vote after hav¬ 
ing “ declared their intentions ” to become citizens. 



HOUSE OF REPRESENTATIVES. 


93 


Should not the United States designate the qualifications of vo¬ 
ters for members of Congress? 

This is an open question. The answer to the preceding 
question seems to indicate a wrong; but, on the other 
hand, it seems right that each State should prescribe the 
qualifications of its own voters, even when they choose its 
representatives to Congress. 

What is the number of the present Congress? (1894.) 

The Fifty-third ^Congress. 

When did it begin ? 

The Fifty-third Congress began March 4, 1893, at noon. 

How many members in the present House of Representatives? 

Three hundred and fifty-six. (See Studies in Civics , 
pp. 314, 315, and a political almanac.) 

Just how was that number determined ? 

The aim is to keep the House from getting so large as 
to be cumbersome. The number 330 was aimed at. When 
the census was reported, the entire population was divided 
into, say, 330 equal parts. This gave the “ ratio of repre¬ 
sentation,” or the number of inhabitants required to secure 
a representative. Then it happened that some States had 
enough inhabitants to give each a certain number of repre¬ 
sentatives, and more than half enough for another. These 
were allowed an additional representative. In this way the 
number of representatives was swelled far beyond the origi¬ 
nal “ trial divisor.” In the apportionment based upon the 
census of 1890, the final number of representatives was 
356. 

The next three questions must be answered by reference 
to the newspapers, or a political almanac, or some such 
source of information. 

Must a representative reside in the district from which he is chosen ? 

No. Hon. S. S. Cox of New York never lived in the 
district that he represented so long. But his case is very 
exceptional. 


Studies 

in 

Civics, 
P- 133 - 


94 


THE NATION. 


Studies 

in 

Civics, 
P- 133- 


If a representative removes from the State, does he lose his seat ? 

No. (But see Studies in Civics , p. 127.) 

Is a person twenty-four years and ten months old at the time of 
election eligible ? 

Yes. The election takes place in November. By Jan¬ 
uary he would be twenty-five, and his term would not begin 
until March 4th. Even if he were only twenty-four at 
election he would be eligible, because (except in case of an 
extra session of the House, which is of extremely rare 
occurrence) he would not be called upon to act as a repre¬ 
sentative until a year from the following December, by 
which time he would be of the constitutional age. The 
Constitution says, “No person shall be a representative 
who shall not,” etc.; it does not say that he shall not be 
elected. 

How long must an alien live in the United States to be eligible 
to the House ? 

Twelve years; five years to become a citizen, and the 
seven years in addition to comply with the Constitution. 

Is there any exception ? 

Yes; soldiers in the late war could attain citizenship, 
by special act of Congress, in less than five years. 

If $13,000,000 were to be raised for the use of the United 
States by direct taxation, how much would this State have to pay? 

Since (I. 2:3) “ representatives and direct taxes shall 
be apportioned among the several States . . . according to 
population,” the representatives and the direct taxes of a 
State are directly proportional. Therefore this question 
may be solved thus : — 

Representation from State : Entire representation :: State 
direct tax : Entire direct tax. 

Thus, in the case of Illinois : — 

22 : 356 :: x : $13,000,000. 


HOUSE OF REPRESENTATIVES. 


95 


How much would Alaska have to pay ? 

Being yet (April, 1893) a territory with no representa¬ 
tives, her proportion would be : — 

0 : 330 :: x : $13,000,000, 
which, being solved, equals nothing. 

How would this State raise the money? 

Just as she raises it for ordinary State purposes, by hav¬ 
ing it spread upon the tax-rolls and collected with the other 
taxes. If this promised to be too burdensome, she might 
issue bonds and borrow the money. 

The next is a local question. Are there any u Indians 
not taxed ” ? 

When was the first United States census taken? 

In 1790. 

How many have since been taken ? (1894.) 

Ten. 

When will the next be taken ? 

June, 1900. 

How did Congressmen vote under the Confederation ? 

“ By States, the representation from each State having 
one vote.” They decided among themselves how the vote 
should be cast. If the representation consisted of an even 
number of delegates, and they were evenly divided on any 
question, the State lost its vote. 

How do they vote now ? 

Each representative and senator has one vote. 

How are Territories represented in Congress ? 

They are not represented. Each sends a delegate, as is 
told in Studies in Civics , p. 339. 

How is the District of Columbia represented ? 

Not at all; not even by a delegate. But in each house 
there is a special committee on the District of Columbia. 


Studies 

in 

Civics, 
P- 133* 


96 


THE NATION. 


Studies Which five States had the largest representation in the first 
in Congress ? 

Civics, Virginia, Massachusetts, Pennsylvania, Maryland, and 
PI33 ’ New York. 

Which five have now ? 

New York, Pennsylvania, Ohio, Illinois, and Indiana. 

Which two have fewer members than in the first Congress? 

Connecticut and New Hampshire. 

Which three have just the same number ? 

Delaware, Maryland, and Virginia. 

Name the present officers of the House of Representatives. 

(This question and the next must be answered by refer¬ 
ence to the Congressional Directory or a political almanac.) 

How does our House of Representatives compare with the Brit¬ 
ish House of Commons in the number of its members ? 

It has just about half as many. See Studies in Civics , 
p. 303. 

In the length of term ? 

Representatives serve two years; commoners, seven. 1 

In the age required for eligibility ? 

Representatives, twenty-five years ; commoners, twenty- 
one. 

What famous speech by one contemptuously referred to as a 
** young man ” ? 

William Pitt’s reply to Robert Walpole, beginning, “ The 
crime of being a young man I shall attempt neither to 
palliate nor deny.” 

Could one not a voter be elected to the House ? 

No. The greater includes the less ; if he could not vote, 
he certainly could not hold so important a position. 

Is a woman eligible ? 

The wording of the Constitution does not -bar women; 
but its spirit probably does. This question has never been 
settled formally. 

1 That is, a new Parliament must be chosen at least once in seven years. But 
elections almost invariably occur more frequently. See Wilson’s The State, 
p. 398. 


HOUSE OF REPRESENTATIVES. 


97 


Could the State impose other qualifications than those mentioned 
in the Constitution P 

No. 

COMPARATIVE TABULATION. 


Points Considered. 

House of 
Representatives. 

Senate. 

Number. 

Qualifications — 

According to pop. 
Now (1890), 356. 

Two from each State. 
Now 88. 

Age. 

25 years. 

30 years. 

Citizenship. 

7 years. 

9 years. 

Inhabitancy. 

Of State. 

Of State. 

Office. 

No U. S. office. 

No U. S. office. 

Loyalty. 

Not broken oath. 

Not broken oath. 

Election. 

By people. 

By State Legislature. 

Term. 

2 years. 

6 years. 

Removal. 

By § of House. 

By | of Senate. 

Vacancy. 

Special election by 
people of district. 

Special election by 
Legislature or tem- 
p 0 r a r y appoint¬ 
ment by governor. 

Presiding Officer. 
Title. 

Speaker of House. 

President of Senate. 
Vice Pres., ex officio; 

How Chosen. 

By House. 

Pro tem, by Senate. 

Sole Powers. 

Choose House Offi¬ 
cers. 

Judge of Election, 
House members. 
Make House rules. 
Bring impeachm’ts. 

Choose Senate offi¬ 
cers. 

Judge of election, 
Senate members. 
Make Senate rules. 
Try impeachments. 


Originate revenue 
bills. 

Confirm appoint- 
ments, and ratify 
treaties. 


DEBATE. 

Resolved, That United States Senators should he elected by the 
people. 

Affirmative Arguments. 

1. It is in harmony with the spirit of our government that legis¬ 
lators should be chosen by the people whom they represent. 

2. A Legislature is liable to be corrupted. The number of persons 
is comparatively small, and this fact makes it possible to “ buy up ” 
enough members to secure an election. It is claimed that many 


Studies 

in 

Civics, 
p. 140. 







98 


THE NATION. 


Studies senators hold their positions to-day by the power of gold or its 

in equivalent. (But it is well to be slow to believe such stories.) 

Civics, 

p. 140 . Negative Arguments. 

1. The Senate is the House in which the State as a body corporate 
is represented. Therefore its members should be chosen by those 
who manage the State’s corporate affairs, namely, the Legislature. 

2. The average intelligence and integrity of the Legislature is 
greater than the average intelligence and integrity of the people as 
a whole (the legislators being the chosen men of the several com¬ 
munities); hence, the Legislature is, if anything, likely to choose 
more wisely than the people, and be less susceptible to corruption. 

Name the Senators from this State. 

(The questions in this paragraph must be answered from 
a political almanac, or the Legislative Manual, or other 
local source of information.) 

How many more senators has New York than Rhode Island ? 

No more; each has two. (This question is inserted in 
this way to put the pupil on his guard.) 

How many members in the present Senate? (1894.) 

Eighty-eight; two from each of 44 States. 

How many members in each class ? 

One-third of 88, or 29 in two classes and 30 in the 
other. 

When the next new State is admitted, in which classes will its 
Senators be placed ? 

That will be determined by the Senate; probably one in 
the first (or two-year) class, and one in the second (or 
four-year) class. 

How will the class of each be decided? 

The Senate may determine. Probably the two senators 
will draw lots to see which shall have the long term. 

Why not have senators chosen for life ? 

Because they could not then so easily be held accountable 
for their actions. 




THE SENA TE. 


99 


To whom would a senator address his resignation ? 

To the governor of his State. See Studies in Civics , 

p. 104. 

How would the vacancy be filled ? 

By the Legislature, if it is in session ; if not, a tempo¬ 
rary appointment would be made by the governor. 

How long would the appointee serve P 

If chosen by the Legislature, he would serve the unex¬ 
pired term; if appointed by the governor, he would serve 
only till the end of the next session of the Legislature. 

Could the governor appoint himself ? 

Yes; his appointing power is not limited, except as to 
the qualifications required by the Constitution. But no 
governor has ever done so. 

How long at least must an alien live in the United States before 
becoming eligible to the Senate ? 

Fourteen years — five years to acquire citizenship, and 
then the nine years required by the Constitution. 

Has any one ever been barred on account of citizenship ? 

Yes. In 1793 Albert Gallatin, elected to the United 
States Senate from Pennsylvania, was barred because he 
had not been long enough a citizen. In 1849 James Shields, 
elected senator from Illinois, was barred for the same 
reason; but in October of the same year he was re-elected 
and admitted, his disability being removed. 

Who is now Vice-President ? (1894.) 

Adlai E. Stevenson of Illinois. 

Who is president pro tempore of the Senate ? 

Isham G. Harris of Tennessee. (See political almanac.) 

Why is it incorrect to speak of the president pro tempore of 
the Senate as Vice-President ? 

Because he is not the Vice-President. 

1. The vice-presidency is a civil office of the United 
States. A senator is forbidden by the Constitution to hold 


Studies 

in 

Civics, 
p. 140. 


100 


THE NATION. 


studies any such office. The president pro tempore is a senator. 
Civics Therefore he cannot constitutionally be Vice-President. 

P . i 4 o.’ 2. Even under the old rule of succession (whereby the 

president pro tempore of the Senate came next in order to 
the presidency of the country after the Vice-President, and 
in case there were no Vice-President he succeeded as if he 
were Vice-President), he would not have served during the 
remainder of the term, as a Vice-President would, but only 
for the time being. See Studies in Civics, p. 190. 

3. We almost always have had, as now, both a Vice- 
President and a president pro tempore of the Senate. There 
were certainly not two Vice-Presidents then or now. 

4. The president pro tempore is not chosen in the man¬ 
ner prescribed in the Constitution for the choice of the 
Vice-President. 

Has the Vice-President’s vote ever decided any measures of great 
importance ? 

Six times did Vice-President Adams decide the action 
of the Senate, the most important being the prevention of 
an embargo in 1796. Vice-President Dallas’s vote passed 
the tariff of 1846, known as the “Walker Tariff.” 

If every senator be present, how many would it take to convict P 

Now (1894) fifty-nine, or two-thirds of eighty-eight. 

Does the accused continue to perform his official duties during 
the trial ? 

Yes; because the presumption of the law is that he is 
innocent until proved guilty. See Studies in Civics , pp. 
33, 231. 

Was President Johnson impeached? 

Yes. To impeach is to “ formally and solemnly accuse.” 
He was impeached but not convicted. 


Is there any appeal from the Senate’s decision? 

No. 


THE SENATE. 


101 


How do senators vote in cases of impeachment ? 

By yea and nay vote on each article. (See Studies in 
Civics, p. 332.) 

How is judgment pronounced ? 

By the presiding officer, who (except when the President 
of the United States is impeached) is the Vice-President. 

What punishments follow impeachment and conviction in other 
countries ? 

They vary all the way from forfeiture of more or less 
property (as well as loss of position), to loss of life. 

What is treason? 

Treason is defined in the Constitution. (See Studies 
in Civics, p. 211.) 

Bribery? (See dictionary.) 

Define crime ; high crime; misdemeanor. 

A crime may be defined as “ any act or omission punish¬ 
able by law.” Crimes are divided into two classes, felo¬ 
nies and misdemeanors. A felony is a crime punishable by 
death, or confinement in a State’s prison. A misdemeanor 
is any other crime. 

High crime has not been defined, but the term conveys 
the impression of a crime of more than usual gravity, not a 
misdemeanor. 

It should be noted that crime, felony, and misdemeanor 
are legal terms; that many things morally wrong are not 
crimes. Hence the expression in ordinances and laws, 
such an act “ is hereby declared a misdemeanor.” 

TABULAR VIEW. 

I. Congressional Elections.— 

1. Regulated by State legislature; but 

2. Subject to control of Congress. 

II. Sessions of Congress.— 

1. Frequency, once a year, unless convened in extra 

session by the President. 

2. Beginning first Monday in December. 


Studies 

in 

Civics, 
p. 140. 


102 


THE NATION. 


Studies 

in 

Civics, 
p. 147. 


III. Powers and Duties of Each House. — 

1 . Membership ; judge of election, qualifications, and 

returns. 

2. Quorum ; absent members may be compelled to attend. 

3. Discipline ; each House has power to preserve order. 

4. Publicity ; each House must keep and publish a 

journal. 

5. Adjournment ; neither House may adjourn for more 

than three days without consent of other. 

IY. Members of Congress. — 

1 . Privileges: 

(а) Compensation for services. 

(б) From arrest, except in certain cases. 

(c) From suits for slander for speeches in Congress. 

2. Restrictions: 

(а) From holding civil office under U. S. Govern¬ 

ment. 

(б) From appointment to certain offices. 

(c) From being an elector of President or Vice- 
President. 

DEBATE. 

Resolved, That members of the Cabinet should have seats in 
Congress ex-officio. — 

Affirmative Arguments. 

1. Those who are engaged throughout the entire year in admin¬ 
istering public affairs, as are the Cabinet officers, and who are thus 
able to discover the strength and the weakness of the system, would 
seem to be just the persons best fitted to offer plans for the improve¬ 
ment of our governmental machinery. Hence they ought to have a 
voice in originating laws. 

2. But unless they can explain, advocate, and defend the meas¬ 
ures which they propose, it is useless for them to formulate their 
views. Hence they should have a seat in Congress ex-officio. 

Negative Arguments. 

1. One of the fundamental principles of our government is the 
separation, so far as may be, of the three departments of govern¬ 
ment. Realizing that danger to liberty is most likely to come from 


THE SENATE. 


103 


the executive branch, we desire that it shall not engage in framing Studies 
the laws or interpreting them. 

2. The necessary information for the guidance of the legislators Clvlcs > 
can always be had from the Cabinet officers when called for, and the p ‘ I47 ' 
opinions of the executive are given in the “messages” to Congress. 

Hence it is neither necessary nor advisable that Cabinet officers 
have seats in Congress. (But see Wilson’s Congressional Govern¬ 
ment, pp. 94-100.) 

Why not leave the power to regulate Congressional elections 
unreservedly with the States ? 

1. Because it would open the way for fraud in the 
election. For instance, if each State had power absolutely 
to specify the time of holding the elections, the terms in 
the several States would undoubtedly be various. This 
fact would open the way for men to vote in several States 
in the same election; it would facilitate what is known as 
“ importing voters.” 

2. Because Congress should have at least a measure of 
control over its own membership. 

Where are U. S. Senators elected ? 

At the capital of the State, the place where the Legis¬ 
lature meets. 

Will the next session of Congress be the long or the short one ? 

To answer this question at any time, note that the long 
terms begin in the odd numbered years and the short terms 
in the even numbered years. 

When was there an “ extra session” of Congress? 

(All the extra sessions that have occurred are given in 
answer to a question on page 161.) 

Could the President convene one House without the other ? 

Yes. The retiring President generally convenes the 
Senate in extra session, beginning March 4, that his suc¬ 
cessor may have his cabinet and other principal appoint¬ 
ments confirmed at once. 


104 


THE NATION. 


Studies 

in 

Civics, 
p. 148 . 


The House of Representatives is never convened without 
the Senate, because there is nothing that it can do with¬ 
out the Senate. 

Which is the longest session of Congress on record ? 

The first session of the fifty-first Congress, lasting from 
Dec. 2, 1889, until Oct. 1, 1890, or 331 days. 

Does Congress meet too often ? 

Probably not. There are such vast concerns to look 
after that it seems necessary to have at least one meeting 
a year. Public expenditures necessitate appropriations. 
These, for safety, should be made for only short periods of 
time, one year being probably better than two. 

Is Washington now the best place for Congress to meet? 

So many expensive national buildings have been erected 
in Washington that probably it would not be best to move 
the capital. And affection for the man who selected the 
site and whose name it bears militates in favor of its con¬ 
tinuance as the capital. 

When selected the site was a good one, being nearly 
the geographical center of the country and of its popula¬ 
tion. 

If a site were to be selected to-day, however, it would 
not be located where Washington is. It is too far removed 
from the center of population. And being near the coast 
it is too much exposed in time of war, as we discovered in 
1814. 

At what places has the Constitutional Congress met ? 

In 1789 at New York. Prom 1790 to 1800 at Philadel¬ 
phia. Since 1800 at Washington. 

If two persons olaim the same seat in the House of Representa¬ 
tives, who decides between them ? 

The House itself. 


POWERS OF CONGRESS. 


105 


Has there ever been a contested election from this State ? 

(This is a local question, and must be answered by refer¬ 
ence to local authorities. There are several contests in 
each Congress.) 

What is the smallest number of representatives that could trans¬ 
act business ? 

A majority of 356, or 179. 

The smallest number of senators ? 

A majority of 88, or 45. It may be noted that a ma¬ 
jority in the Senate is always just one more than the num¬ 
ber of States in the Union. 

The least number of representatives that could pass a bill ? 

A majority of the quorum, or now (1894^ 90. 

Of senators ? 

A majority of the quorum, or 23. 

What if during the proceedings it is found that there is no 
quorum present ? 

Unless the point of “ no quorum ” is raised by a member, 
no official cognizance of the fact is taken and business pro¬ 
ceeds. But if the point is raised the roll of members is 
called. If less than a quorum respond to their names, the 
House adjourns, or enough absentees are sent for to make 
the quorum. (But if the point of no quorum is withdrawn 
by the one who raised it, business may proceed.) 

Has a member ever been expelled from either House ? 

Yes. Among the most famous cases are these: 

1797, Senator William Blount, of Tennessee. 

1862, Representative Henry C. Burnett, of Kentucky. 

1863, Senator Jesse I). Bright, of Indiana. 

May either House punish persons who are not members ? 

Yes. (See Studies in Civics, p. 83.) 

Can either House temporarily set aside all of its rules ? 

Yes ; the power to make implies the power to unmake. 


Studies 

in 

Civics, 
p. 148. 


106 


THE NATION. 


Studies 

in 

Civics, 
p. 148 . 


How could you see Congress in session ? 

By going to the Capitol, entering the gallery, behaving 
and observing. 

Could you be a spectator at a committee meeting ? 

No; except by courtesy of the committee. One might 
be summoned or invited to give information to the com¬ 
mittee, and be thus, for a short time, a “ spectator.” 

How could you witness an executive session of the Senate ? 

By being a member, or one of certain trusted employees 
of the Senate. 

Can a member be punished for an offense committed before he 
was elected ? 

Probably not. He comes with the indorsement of his 
constituents, who, during the campaign, heard and consid¬ 
ered the matter and then passed judgment indorsing him. 

How is voting usually done in deliberative bodies ? 

(See Studies in Civics, p. 344.) 

In Congress ? 

In the same way. There is also a fourth way, namely, 
voting by “ tellers.” That is, the presiding officer appoints 
two persons from opposite parties, who take position at the 
end of the broad aisle toward the speaker, and the persons 
voting affirmatively pass between them, then those voting 
negatively. 

How are territories represented in Congress ? 

(See Studies in Civics, p. 389.) 

Distinguish between the capital and the Capitol. 

The capital is the city, and the Capitol is the building 
where the laws are made. 

Who has power to locate the capital of the United States ? 

Congress and the President; that is, it is located by law. 

Has the salary of Congressmen ever been more than $5,000 ? 

Yes. By an act passed during the second session of the 
forty-first Congress, the salary was raised to $7,500. But 


SALARIES. 


10T 


so great a clamor was made by the people against the studies 
“ salary grab,” as it was called, that the law was repealed , in 
at the next session. The objection seemed to be directed p . I4 s.’ 
chiefly against the retroactive feature, by which back pay 
was secured to the members of Congress. 

Following are the salaries paid at different times: — 

1789 to 1815, $6 per day. 

1815 to 1817, $1,500 per year. 

1817 to 1855, $8 per day. 

1855 to 1865, $3,000 per year. 

1865 to 1871, $5,000 per year. 

1871 to 1874, $7,500 per year. 

1874 to-, $5,000 per year. 

How were members of Congress paid under the Confederation ? 

By the respective States. Each State fixed the amount, 
the time, and the manner of payment of its own members. 

What is meant by the house resolving itself into Committee of 
the Whole P 

(See Studies in Civics , p. 345.) 

When does the time of freedom of a Congressman from arrest 
begin ? 

When he starts (allowing reasonable time) to attend a 
regular or special session of Congress. 

When does it end ? 

When he returns home, or has had a reasonable time to 
do so. 

Could a summons be served on him during that time ? 

No; nor could any other civil process. 

What is slander ? Libel ? 

(See page 195 of this book, and consult a law dictionary.) 

Is a member of Congress liable for the publication of his speech 
in the Congressional Record ? 

No. The Record is the official record which is required 
by the Constitution to “ be published from time to time.” 


108 


THE NATION. 


Studies 

in 

Civics, 
p. 148 . 


Would he be responsible if he published his speech in any other 
than the official way ? 

Yes ; for then he would virtually be talking outside of 
Congress. 

Can a member of Congress resign to accept an office already in 
existence, and whose emoluments have not been increased during 
his term ? Give examples. 

Yes. James G. Blaine and William Windom resigned 
from the Senate to accept positions in President Garfield’s 
cabinet; “ Sunset ” Cox resigned from the House of Rep¬ 
resentatives to go as U. S. Minister to Turkey. These 
examples might be largely multiplied. 

If a U. S. officer be elected to Congress, how long can he hold 
his office ? 

Till his term as Congressman begins. 

Can a member of Congress be appointed to a military office cre¬ 
ated during his term? 

Yes. The Constitution does not forbid it, and some exi¬ 
gency might demand it. 

Can a member be appointed after his term is out to an office 
created during his term ? 

Yes. 

Is a member of Congress an officer of the United States? 

No; at least the U. S. Senate so decided when Senator 
Blount was impeached. (See Studies in Civics, p. 333.) 

What is a “ bill” ? 

A bill is a draft of a proposed law. 

What is meant by entering objections “ at large ” ? 

Writing them verbatim in the journal. 

Why is there no Committee of Ways and Means in the Senate ? 

Because the Senate does not originate any revenue bills, 
which is the work of this committee. 


BILLS AND RESOLUTIONS. 


*109 


How many members in each House does it take for the first pas- Studies 
sage of a bill ? in 

A majority of those voting, the point of “ no quorum ” Civics » 
not being raised. 

How many after the President’s veto ? 

Two-thirds of that House, that is, two-thirds of a quorum. 

Three ways in which a bill may become a law? 

1. By passing both Houses and being signed by the 
President. This is by far the most common way. 

2. By being passed over the President’s veto. 

3. By neglect of the President to return it within ten days. 

Five ways in which it may fail? 

1. By failing to pass the House in which it originates. 

This very frequently happens. 

2. By failing in the other House. 

3 and 4. Same as above, after the President’s veto. 

5. By use of the “ pocket veto.” 

During what time has the President the equivalent of an absolute 
veto ? 

During the last ten days of the session. 

Does a resolution merely expressing an opinion of either or both 
Houses need the President’s signature ? 

No. A concurrent resolution does not, but a joint reso¬ 
lution does. 

Does a resolution proposing an amendment to the Constitution? 

No. By Article V. (Studies in Civics , p. 221, 222) the 
power to propose amendments, or call conventions for the 
purpose of doing so, is vested in Congress, no mention being 
made of the President. 

The approving is to be done in this case by the people 
through their representatives. 

Is the President bound to enforce a law passed over his veto ? 

Certainly, just as much as if he approved it. General 
Grant once said, “ The best way to get rid of a bad law is 
to enforce it.” 


110 


THE NATION. 


Studies 

in 

Civics, 

p. i 5 x. 


SUGGESTIONS. 

The mode of making laws, given on pages 344-346 of the Studies 
in Civics , is that practiced in the Minnesota Legislature. With minor 
modifications it is true for all the States. That is, in every State 
(and in Congress) a bill is read three times, is considered in com¬ 
mittee and in committee of the whole, and has to pass both Houses, 
be signed by the presiding officer of each House (for authentica¬ 
tion) and by the executive (for approval), and is deposited with the 
secretary of State, and under his direction is published. If the 
teacher can get the legislative manual of the other States (some¬ 
times to be had through the secretary of State) it will be well to 
spend a short time in comparing the practices of the States. For 
instance, does the State require the first reading to be before com¬ 
mitment or not ? 

The best book to show the workings of Congress is McKee’s Man¬ 
ual of Congressional Practice , published by Thos. H. McKee, Wash¬ 
ington, D.C. It contains the most complete illustrations of the 
practice of Congress to be found in any book. Supplementing it, 
the teacher would do well to secure through the member of Congress 
forms of bills, resolutions, etc., as they are actually used in practice, 
and copies of the Congressional Record. 

But it must be remembered that all these illustrations must illus¬ 
trate , not perplex, if they are to serve their purpose. To this end, 
the main points must be emphasized and drilled upon, especially 
with younger students, and the illustrations must come in incident¬ 
ally, as needed. 

The following forms and information may be helpful: — 
RESOLUTIONS. 

There are three classes of resolutions in Congress: — 

1. Simple Resolutions. 

2. Concurrent Resolutions. 

3. Joint Resolutions. 

A Simple Resolution. — The authority of a simple resolution 
does not extend beyond the House which adopts it. It may ask for 
information from an executive officer, dismiss an officer of the 
House, or express an opinion of that House. 

Here is a sample: — 

“ Resolved , That the Secretary of the Treasury be and is hereby 
requested to report to this body the condition of the U. S. Light¬ 
house at Atlantic City, N. J.” 


BE SOL UTIONS. 


Ill 


The Concurrent Resolution. — This is used “in expediting studies 
the business of Congress in matters pertaining to the collective inter- in 
est of the two bodies.” Civics, 

p. 151. 

Here is a sample: — 

j Resolved by the House of Representatives (the Senate concurring ), 

That there be printed and bound fifteen thousand copies of the Fed¬ 
eral and State* Constitutions, Colonial Charters, and other Organic 
Laws. 

Simple and Concurrent Resolutions are not printed, and do not 
appear among the Statutes. Therefore, as stated in Studies in 
Civics , p. 151, last paragraph, they do not require the President’s 
approval. 

The Joint Resolution. — This was first introduced “for the 
purpose of temporary enactment as distinguished from a permanent 
statute.” It differs from a bill only in the enacting clause, and in 
this respect should be compared also with the concurrent resolution. 

REVIEW. 

COMPARISON OF ORGANIZATION OF CONGRESS UNDER THE 
CONFEDERATION AND UNDER THE CONSTITUTION. 


POINTS OF 

Under 

Under 

Comparison. 

Confederation. 

Constitution. 

1. Number of 

One. 

Two. 

Houses. 



2. State power. 

Each State one vote. 

Depends on representa¬ 



tion, each member one 



vote, except when 
House chooses Presi¬ 



dent. 

3. Number of 

“Not less than two, 

r House — according to 

J population, 

j Senate — two from each 
v State. 

Members. 

nor more than - 
seven.” 

4. Terms of 

One year, but sub¬ 

f House — two years. 

Members. 

ject to recall. 

1 Senate — six years. 
c House — people of dis- 

5. Appointment. 

As each State should 

J trict. 

determine. 

| Senate — State Legisla- 



^ ture. 

6. Compensation. 

Determined and paid 

Determined by act of 

by respective 

Congress, paid by 


States. 

United States. 







112 


THE NATION. 


Studies Show the superiority of our present organization. 

in 1. The superiority of two Houses over one is shown on 
p I52 / pages 80, 124, 125, Studies in Civics. 

2. By the method of voting under the Confederation, 
each State having one vote, a large State had no more voice 
in the affairs of the nation than a small State; or, in other 
words, a given number of persons in one part of the coun¬ 
try had more power than the same number of persons in 
another part of it. 

By our present arrangement the power of a State in 
the House of Representatives is determined by its popu¬ 
lation ; that is, a given number of people in one part of 
the country has, theoretically at least, just as much power 
or voice in public affairs as a corresponding number in 
another part of the country. At the same time, the “ bal¬ 
ance of power ” among the States which prevailed under 
the Confederation is preserved by the equality of represen¬ 
tation in the Senate. 

3. Considered under preceding heading. 

4. Under the Confederation the tenure of a member of 
Congress was so uncertain that bright, prosperous men had 
little or no inducement to go to Congress. Many even of 
those who were elected declined to serve — there was little 
honor and no profit (pecuniarily) in it. 

By our arrangement of definite and reasonably long 
terms, men of ambition have an incentive to go to Con¬ 
gress ; they may thus carve out for themselves an honor¬ 
able name in the service of their country. 

5. By the Constitutional provision for compensation, it 
is uniform for all members and reasonably large, two items 
which are certainly desirable. 

Specify some of the “checks” referred to by Judge Story. 

1. The fact of having two Houses, each a check upon 
the other. 

2. The participation of the President in the making 


CHECKS ON CONGEESS. 


113 


of laws, thus imposing a check upon Congress as a 
whole. 

3. The control exercised by each House over its member¬ 
ship. 

4. The control exercised over the executive and judicial 
officers of the government by means of the power of 
impeachment intrusted to Congress. 

5. The control of the people over Congress made possi¬ 
ble by the publication of its proceedings. 

6. The restriction whereby members of Congress are 
forbidden to hold office under the United States. 

Some checks that have not appeared in the Constitution 
so far as studied, but which will appear farther on, are : — 

1. The check upon the appointing power of the Presi¬ 
dent exercised by the Senate through its confirming power. 

2. The check upon the law-making power exercised by 
the judicial department through its ability to declare cer¬ 
tain laws unconstitutional. 

3. The check upon the military power of the President 
exercised by Congress through its power to raise armies 
and navies, to appropriate money for their support, and to 
make regulations for their government. 

REFERENCES. 

Story’s Commentaries on the Constitution. 

Fiske’s Civil Government , eliap. viii. sect. 2. 

Wilson’s Congressional Government. 

Alton’s Among the Lawmakers. 

Macy’s Our Government, chaps, xxii.-xxiv. 

Lieber’s Civil Liberty and Self Government. 


Studies 

in 

Civics, 
p. 125. 


114 


THE NATION. 


Studies 

in 

Civics, 
p. 165. 


SECTION XVII. 

{Referring to “ Studies in CivicsChapter XXII .) 

In what two ways may the first part of the first clause of this 
section be interpreted ? 

1. Either as giving Congress two powers, that of collect¬ 
ing taxes and that of paying debts, etc. 

2. Or as granting to Congress only one power, that of 
taxation, the phrase beginning “to pay the debts” being 
inserted merely to show the purposes for which the taxes 
may be imposed. 

In what ways does the government levy taxes? 

(A very brief but pointed answer may be found in Studies 
in Civics , p. 316.) 

How much of the money paid to the local treasurer goes to the 
United States? 

Not a cent, unless the general government has levied a 
direct tax which is being collected at the time. As a rule, 
then, the answer is, “Not any of it.” 

Have you ever paid a U. S. tax? 

Yes; if you have bought any article upon which there is 
an internal revenue tax. 

Did you ever buy a pound of nails ? 

(This question was inserted to raise the following query: 
Is the import duty, known as the tariff, “ a tax on imports 
which is ultimately paid by the consumer.” On this point 
there will be honest differences of opinion. The proper 
counsel to a student is, “ Don’t close the case after a hasty 
examination. Keep yourself in a judicial frame of mind. 
Be open to conviction.”) 

How came the stamps on the match-boxes ? 

They were placed there by the manufacturer of the 
matches, as one form of internal revenue taxes. They are 




POWERS VESTED IN CONGRESS. 


115 


not required now. The matches cost more than they would 
but for these stamps. 

Was that a direct or an indirect tax? 

An indirect tax, because he who paid it did not realize 
that there was any tax paid; he simply “ bought some 
matches,” as he would probably say. 

A man who drinks a glass of beer or whisky pays a U. S. tax. 
How? 

There is an internal revenue tax on the manufacture of 
beer and whisky. The brewer or distiller of course adds 
a portion at least of the tax to the price of the liquor, and 
the retailer adds his profit. So that the cost to the con¬ 
sumer is made up of cost to manufacturer -f manufacturer’s 
profit + tax + retailer’s profit. 

Name some things that were subject to internal revenue tax a 
few years, but are not now. 

Matches, proprietary medicines, and bank checks. 

What is a custom-house? 

A building at a port of entry in which imported goods 
are stored when they are first brought ashore, and where 
they are kept until the duty is paid. 

A port of entry? 

A place to which goods from foreign countries may law¬ 
fully be brought for admission to the country. 

What are they for? 

To furnish means for the economical collection of import 
duties. 

Name the port of entry nearest you. 

(Local question.) 

What is the present income of the United States from all kinds 
of taxation? 

For the year 1892-93 it was $385,000,000, in round 
numbers. 

What is done with the money? 

It is expended in the following general lines: — 


Studies 

in 

Civics, 
p. 165. 


lie 


THE NATION. 


Studies 

in 

Civics, 
p. 166. 


1. The payment of the public debt. 

2. Provision for the common defense, such as building 
forts and ships; arming, clothing, and feeding soldiers and 
sailors, etc. 

3. The promotion of the “ general welfare/’ in removing 
obstructions in rivers and harbors, building and maintain¬ 
ing lighthouses, carrying the mails, maintaining a weather 
service, paying the salaries of officers, etc. 

How does the government borrow? 

(See Studies in Civics , p. 317.) 

Does the government owe you any money ? 

It does if I own a greenback, U. S. bond, or other “evi¬ 
dence of indebtedness.” 

H the United States refuses to pay a debt, what can the creditor 
do? 

Nothing, except to present his claim again, and try to 
show the justice of it. 

What is the “credit” of the United States? 

The faith reposed in the United States, that it will do 
exactly what it promises to do. 

How much does the United States owe, and in what form is the 
debt ? 

According to the report of the Secretary of the Treas¬ 
ury for June, 1893, the public debt statement was as 
follows: — 


Interest-Bearing Debt.$585,037,100.00 

Debt on which Interest has ceased . . . 2,094,000.26 

Debt bearing no Interest. 374,300,605.87 

Certificates and Treasury Notes (offset by 

equal amount of cash in the Treasury) 584,553,920.00 

Pacific Railroad Bonds. 64,623,512.00 

Total Debt.$1,610,609,198.13 

Cash in Treasury. 745,004,601.89 

Net Debt.$865,604,596.24 










POWERS VESTED IN CONGRESS. 


Ill 


The Pacific Bonds are merely a contingent debt. So the studies 
net debt of the United States beyond cash in the treasury is . in 
in round numbers $800,000,000.' ^ 166 ? 

The “ Debt bearing no Interest ” is composed chiefly of 
“greenbacks.” 

How came it to be so large ? 

Because of the great expense of the civil war. 

Is the government paying it up ? 

Yes, very fast. 

How much has been paid this fiscal year? 

For the year ending June 30, 1893, the interest-bearing 
debt was increased $7,770 ; that on which interest has 
ceased was decreased $691,815. 

What rate of interest has the government to pay? 

From two to five per cent. 

What is the current rate for private borrowers? 

From five to twelve per cent. 

How is it that the government borrows at so low a rate ? 

1. Because it is so sure to pay what it agrees to pay. 

2. Because the term is long. 

3. Because its evidences of indebtedness cannot be taxed. 

What is a “ bond-call,” and how is it made? 

A notice given by the Secretary of the Treasury that at 
a specified time the interest on certain described bonds will 
cease, and offering to pay then what is due on said bonds. 

The notice is given in a number of newspapers of exten¬ 
sive circulation. 

It should be noted in this connection that in borrowing, 
the government reserves the right to pay before maturity 
For instance, some bonds maturing in twenty years may be 
paid at any time after five years. Such bonds are known 
as “ 5-20’s.” That is, in issuing these bonds the govern¬ 
ment virtually says, “ The debt will be paid not later than 


118 


THE NATION. 


studies twenty years from date, but the right of* paying it at any 
c _ in time after five years is reserved.” Or, in other words, the 
p. 166 .’ government says, “ We shall borrow your money for at 
least five years, and may keep it for not to exceed twenty 
years.” 

Has Congress power to prohibit commerce with any nation ? 

It probably has (because it has power to “ regulate ” 
commerce), provided that this is necessary for the public 
good. See Embargo Act of 1807. 

Has it power to regulate commerce wholly within a State ? 

No. This power is reserved to the States respectively. 

Can you buy lands from the Indians ? 

Not from Indians in their tribal relations. If an Indian 
has land of his own, that can be bought by an individual. 

Can the State ? 

Same answer as above. 

Has Congress imposed a tariff to be paid in going from State to 
State ? 

No. Between States there is absolute free trade. 

Charles Nordhoff, in his Politics for Young Americans , 
says that this is one of the great changes produced by the 
Constitution. 

What has licensing a steamboat engineer to do with “ regulating 
commerce.” ? 

To “ regulate ” is to prescribe and enforce rules and 
methods of operation. To render commerce safe, Congress 
prescribes the rules under which steamers shall be run, 
requiring, among other things, that persons desiring to 
serve as engineers on steamers shall submit to an examina¬ 
tion as to their ability to perform the necessary duties. 
As an evidence of capacity each candidate passing this 
examination receives a certificate, which is his authority 
or “ license ” to act. This licensing, then, is one of the 
methods by which Congress controls, or “ regulates,” com¬ 
merce. 


POWERS VESTED IN CONGRESS. 


119 


When did Congress prohibit American ships from leaving port ? 

During Jefferson’s administration (1807) Congress passed 
what is called the Embargo Act for this purpose. 

Under what provision does Congress impose restrictions on rail¬ 
roads ? 

Under the provision authorizing Congress to regulate 
commerce. 

Does Congress control railroads lying wholly within a State ? 

No; it has power over commerce “ among the States,” 
not within a State. 

How can an alien become naturalized? 

(See Studies in Civics, pp. 319, 320.) 

Is the child of American parents, born during a temporary absence 
from this country, a citizen or an alien ? 

It is a citizen ; not only that, it is a “ natural-born ” 
citizen. Temporary sojourn abroad does not forfeit resi¬ 
dence. 

An alien living in this country has children born here; are they 
citizens or aliens? 

Citizens or aliens as they elect. If they hold themselves 
“ subject to the jurisdiction ” of the United States they are 
citizens; but if they prefer they may forego this privilege. 
In case the United States should engage in war, they 
might prefer to be aliens, so as not to be drafted. 

A child is born on the ocean, while its parents are on their way 
to the United States intending to become citizens. What is its 
status ? 

It is regarded as a “ natural-born ” citizen. 

Are you a citizen ? 

Most pupils, thinking that age or sex has something to 
do with citizenship, because they are among the require¬ 
ments, for voting, will answer No. The teacher would do 
well to ask them, before deciding the question, How many 
were born in the United States ? How many recognize 
this as their country ? Then have them turn to page 239 


Studies 

in 

Civics, 
p. 166. 


120 


THE NATION. 


studies of Studies in Civics, and read the first sentence of the four- 
Civics teent k amendment. Most of them, both boys and girls, 
p. 166 .* will discover that they are citizens. If any are found who 
were not born in this country their citizenship depends 
upon their father ; their status is the same as his. 

How may female aliens become citizens ? 

Just as male citizens do, if they remain single; or they 
can acquire citizenship by marrying a citizen. 

Why should they desire to do so ? 

In order to acquire the privileges of citizenship, such as 
the right to take up a homestead, to secure a patent or 
copyright, to engage in the practice of law, etc. 

How did citizens of Texas at the time of its admission become 
citizens of the United States ? 

By the act of Congress admitting the State they were 
declared citizens of the United States. 

What is an insolvent law ? 

(See an unabridged or a law dictionary.) 

Has this State such a law ? 

(Local question, to be answered by local authorities.) 

(Note to Teacher. —Don’t spend very much time here; the 
subject is technical and hard for young folks to understand. The 
answer yes or no will be sufficient.) 

Can this State pass a bankrupt law ? 

Not to affect the interests of persons living outside of 
the State, certainly; and perhaps not at all. Authorities 
differ on this point. 

Is there any U. S. bankrupt law ? 

Not now (1894); but there is a strong demand for one. 

Has there ever been such a law ? 

Yes. Such a law was passed in 1800, in 1841, and in 
1867. But each was repealed after a few years of trial. 
It is an exceedingly difficult thing to pass a law that shall 


POWERS VESTED IN CONGRESS. 


121 


be merciful to the unfortunate debtor and yet approxi¬ 
mately just to the creditor. 

What is money? 

Any commodity used as a medium of exchange and a 
measure of value. (The student would do well to look up 
definitions of this term in works on political economy, and 
read the explanations accompanying them. An excellent 
easy book on the subject, for grammar grades, is Lessons on 
Practical Subjects , 40 cents, published by Little, Brown & 
Co., Boston.) 

Is a bank bill money ? 

No ; it is a promise to pay money. 

What gold coins are there ? 

The regular issues are double-eagle, eagle, half-eagle, 
quarter-eagle, and formerly the one dollar piece. Coins 
of other denominations are occasionally issued. 

What silver coins are there ? 

The dollar, half-dollar, quarter-dollar, and dime. There 
used to be issued a silver half-dime and a silver three-cent 
piece, and occasionally coins of other value. 

How are coins made ? 

First, The metal is made of the proper fineness. 

Second, It is rolled into sheets. 

Third, A set of sharp instruments cuts disks out of the 
sheets, as the cook cuts out “ cookies.” 

Fourth, Each of these disks is stamped on the sides and 
milled on the edges. 

To prevent fraud, the metal is weighed before being 
passed over to the coiner, and then the coins and the blank 
sheets are weighed when he has got through. 

Where is the TJ. S. Mint located ? 

At Philadelphia, Pa. 


Studies 

in 

Civics, 
p. 166. 


122 


THE NATION. 


Studies 

in 

Civics, 
p. 166. 


Where are the branch mints ? 

At San Francisco, Cal., Carson City, Nev., Denver, Colo., 
New Orleans, La. 

How much value does the stamp of the government add to a 
piece of gold ? 

Not any. The stamp of the government is simply its 
certificate of the fact that there is the specified value there. 

Is there a dollar’s worth of silver in a silver dollar ? Why ? 

No. Because silver has declined in value since the size 
of the dollar was fixed at 412.5 grains. 

How are national banks organized ? 

(See Studies in Civics , p. 317.) 

Under what constitutional provision does Congress exercise this 
power ? 

(See Studies in Civics, p. 165.) 

Are any banks organized under State authority ? 

Yes. But they cannot issue bank bills to circulate as 
legal tender money. 

What is meant by “legal tender” ? 

Anything which may be lawfully tendered or offered as 
payment of a debt, and which the creditor is bound to 
accept as such payment. Thus, if A, owing B a hundred 
dollars, offers him a horse in payment, B is not legally 
bound to accept the horse ; the horse is, therefore, not a 
legal tender. But if he offers B five double-eagles, the debt 
being mature, B is bound to accept them; or, if he refuses, 
interest on the debt stops. And if he brings suit to re¬ 
cover, the costs of the action will be charged to him. (See 
Jevons’s Money and the Mechanism of Exchange, pp. 76— 
78.) Hence we say that the double-eagles are “ legal ten¬ 
der,” made so by act of Congress. 

Are foreign coins legal tender at the rate fixed by Congress ? 

No; a creditor may refuse them. Of course he may 
accept them if he chooses to. The action of Congress is 
advisory, not mandatory. 



POWERS VESTED IN CONGRESS. 


123 


Can Congress punish the counterfeiting of these coins ? 

Probably it can (though not directly authorized to do so) 
for the public good. That is, this power is fairly implied 
from the power to punish the counterfeiting of U. S. 
securities. Some one should have power to punish such 
a crime. The country whose securities are counterfeited 
has no jurisdiction over citizens of this country. The State 
could hardly take cognizance of the matter, having no laws 
covering such matters as affect foreign countries. And 
there is no power left to take charge of the offense except 
the United States. • 

Is there a standard pound in this State ? A standard bushel ? 

In the absence of Congressional action, probably every 
State has a standard of weights and measures. (The stu¬ 
dent should, if practicable, see the “ standards ” at the 
county seat.) 

Is there any law against passing counterfeits ? 

Yes. By reading what is printed on the back of a bank¬ 
note or greenback, it will be seen that the law covers this 
matter. 

When was our post-office department established ? 

The postal system was projected in the colonies in 1692, 
amUorganized in 1710. In 1760 Benjamin Franklin (who 
had been appointed in 1753 deputy postmaster-general) es¬ 
tablished a postal stage running between Philadelphia and 
Boston, leaving each place on Monday morning, and reach¬ 
ing the other on Saturday night. The post-office depart¬ 
ment, at first a division of the treasury department, was 
organized as a cabinet portfolio in 1829. 

Who is now Postmaster-General ? 

(See any political almanac for this year.) 

What is meant by “ presidential offices ” ? 

Those whose postmasters are appointed by the President. 


Studies 

in 

Civics, 
p. 167. 


124 


THE NATION. 


studies They are those in which the salary is $1,000 a year or 
in more. 

Civics, 

p. 167. What are the present U. S. rates of postage ? 

(See Studies in Civics , p. 312, 313, or any political 
almanac.) 

When were stamps introduced? Stamped envelopes? Postal 
cards ? 

Postage stamps were first used in England in May, 1840, 
and in the United States a year later. They were invented 
by a Scotch printer, James Chalmers. Stamped envelopes 
were introduced in 1852, and postal carSs in 1872. Regis¬ 
tration was introduced in 1855, and free delivery in 1863; 
the money order system in 1864. 

In what three ways may one send money by mail ? 

I. By putting the money itself into the letter, and 
sending the envelope through the mail as if it had no 
money in it. 

II. By registered letter. 

III. By post-office order. 

Explain the workings and advantages of each method. 

I. The advantages of the first method are convenience 
and cheapness. The sender has no trouble in sending^the 
money, and the person addressed has no trouble, if the let¬ 
ter reaches him all right, in going to get any paper cashed. 
And there is no expense attached to this mode. 

The danger is that the letter may never reach its desti-’ 
nation. If lost, there is no way of tracing it. 

II. In sending money by registered letter, the sender puts 
his money into his letter as in No. I. above. He then hands 
the letter to the postmaster or to the clerk in charge of the 
registered letter department, pays a fee of eight cents, and 
is given a receipt for the letter. The letter is placed in a 
large envelope, which is carefully marked. Each person 


POWERS VESTED IN CONGRESS. 


125 


through whose hands this package goes takes a receipt from studies 
the person to whom he passes it. c . in 

The advantages of this method are : — p-16? * 

1. That it is practicable wherever there is a post-office. 

2. That any loss is so closely investigated that the temp¬ 
tation to steal the money is small; hence this is a reason¬ 
ably safe method of transmitting. 

The disadvantage of this method is that if the money 
is lost accidentally or otherwise, it may not be recovered. 

The government does not assume any responsibility in the 
matter; that is, it does not agree to make good any losses. 

It simply agrees to investigate the matter in case there is 
a loss. 

III. The rates for P. 0. orders for small sums have re¬ 
cently been greatly reduced; and a new form of order, 
which increases the safety of transmission, has been de¬ 
vised. These changes have resulted in driving the postal 
note out of use. 

The advantages of the P. 0. order are: — 

1. Its cheapness. 

2. Its absolute security. 

The chief difficulty is that the small offices do not issue 
or pay the orders. 

What is the dead letter office? 

A division of the post-office department in Washington 
to which letters are sent which have remained uncalled-for 
in the several post-offices in the country. Here the letters 
are opened, and if from the contents the name and address 
of the senders can be ascertained their letters are returned 
to them. If not, they are destroyed. 


126 


THE NATION. 


Studies 

in 

Civics, 
p. 167. 


What is meant by the franking privilege? 

“ Frank ” means free ; to frank means to make free ; the 
franking privilege is the privilege of making a thing free. 
Specifically the franking privilege is the privilege enjoyed 
by members of Congress and certain officers, of sending cer¬ 
tain things through the mails free. Formerly they could 
send anything thus. But so greatly was the privilege 
abused that the members of Congress themselves concluded 
that it should be withdrawn. So in January, 1873, a law 
was passed abolishing the franking privilege. Later it was 
restored so far as to permit public documents and certain 
official letters to be franked. 

Find rates of postage in 1795, 1815, 1845, 1850, 1860. 

From 1792 to 1845 postage depended on distance, ran¬ 
ging from six cents to twenty-five cents for letters. For the 
next six years it was five cents for 300 miles or under, and 
ten cents for greater distances. From 1851 to 1863 the 
rate was three cents for 3000 miles or less, and five cents if 
not prepaid; double rates for greater distances. Since 1863 
the rate has been uniform for all distances, the first twenty 
years being three cents and since 1883 two cents. In July, 
1885, “ single letter ” weight was raised from a half-ounce 
to an ounce. 

An old almanac for 1814 gives the following as the rates 
of postage prevailing at that time : “ For every single-let¬ 
ter by land, for 40 miles, 8 cents ; 90 miles, 10 cents ; 150 
miles, 12^ cents ; 300 miles, 17 cents ; 500 miles, 20 cents; 
and for more than 500 miles, 25 cents. No allowance to 
be made for intermediate miles. Every double letter is to 
pay double the said rates; every triple letter, triple; every 
packet weighing one ounce, at the rate of four single letters 
each ounce. Every ship letter originally received at an 
office for delivery, 6 cents. Magazines and pamphlets, not 
over 50 miles, 1 cent per sheet; over 50 miles and not ex- 


POWERS VESTED IN CONGRESS. 


121 


ceeding 100 miles, 1^ cents per sheet; over 100 miles, 2 studies 
cents per sheet.” in 

Civics, 

Does the power to establish post-roads authorize Congress to P- 1& 7- 
make internal improvements ? 

It would seem so, to a certain extent. “ Post-roads ” 
may be wagon-roads, railroads, canals, or other “ roads.” 

What is meant by “ star route ” ? 

“ Route ” means course or way which is passed over. 

The routes over which mail is carried are divided into two 
principal classes, those by steamboat or railroad and those 
not. The latter are designated on the books at Washing¬ 
ton by means of a star. Hence a mail route traversed on 
foot, by horse, or by any means other than steamboat or 
railroad, is called a “star route.” 

Is this book copyrighted? 

Yes; the notice to the world of the fact is given 
on the page following the title-page. This is the usual 
place. 

Name some book not copyrighted. 

The Bible, Shakespeare, etc. On many books published 
years ago the copyright has expired. If it is desirable at 
any time to know whether or not a certain book is copy¬ 
righted, the fact may be ascertained by examining the page 
following the title-page. Sometimes, but not often, the 
notice of copyright is given on the title-page. 

What things besides books may be copyrighted ? 

Maps, charts, engravings, etc. (See Studies in Civics , 
p. 318.) 

Can a copyright be sold ? 

Yes. (See Studies in Civics , p. 318.) 

How long do copyrights continue in force ? 

Twenty-eight years. But the copyright may be renewed 
for fourteen years. (See Studies in Civics , p. 318.) 


128 


THE NATION. 


Studies 

in 

Civics, 
p. 167. 


How may they be renewed? 

(See Studies in Civics , p. 318.) 

Must new editions be copyrighted ? 

Yes ; to protect the new matter. 

What is a patent ? 

“ A writing securing to a person, for a term of years, the 
exclusive right to an invention.” — Webster. 

How may an inventor secure time to perfect his invention ? 

By filing in the patent-office what is known as a caveat. 
(See Webster’s International Dictionary.') 

How can a patent be sold? 

“ A patentee may sell his entire patent or any undivided 
part of it for the whole or any specified part of the United 
States. The conveyance of such an interest, to be valid, 
must be in writing, and is called an assignment.” The 
assignment must be recorded in the Patent Office within 
three months from its date. 

May a person, not the patentee, make a patented article for his 
own use? 

No. Otherwise a patent upon an article of simple con¬ 
struction would be of little or no use to the patentee. 

Name ten important patented inventions. 

The cotton-gin, the spinning jenny, the sewing machine, 
the locomotive, the electric motor, the air brake, the reaper, 
the “ roller-process ” of flour-making, the telegraph, the 
telephone, the electric light, the typewriter, the printing 
press. 

What is the purpose of the government in granting patents ? 

To secure to inventors a due reward for their labors, and 
a proper return for the benefits conferred by them. 

Is this always secured ? 

As a rule, yes; but not always. Sometimes the inventor 
is unable to bring out his invention through lack of means, 
and he may find it difficult to secure funds for the purpose. 


POWERS VESTED IN CONGRESS. 


129 


Many inventions that promised to be useful to the public studies 
and profitable to the makers have proved disappointing in 
both respects. So often has this occurred that people with p . ^ 
means are timid about trusting their money in such enter¬ 
prises. Hence it often happens that a person with a really 
valuable invention may have to offer great inducements to 
those having money, in order to secure the necessary means. 

He may, in fact, have to grant a controlling interest in the 
patent. 

How does expiration of patent affect price ? 

The price falls because — 

1. Any one may freely make the thing; so the price is 
lowered by competition. 

2. No royalty has to be paid to the inventor. 

By what authority does Congress organize courts in Territories? 

By the ninth clause of the eighth section of the first 
article of the Constitution of the United States. 

Could Congress establish more than one supreme court? 

No; it is authorized simply to establish “ inferior ” 
courts. 

Name the U. S. District Judge for this State. 

(See Studies in Civics, pp. 308, 309, or the Congressional 
Directory, or a political almanac.) 

The U. S. Attorney. The U. S. Marshal. 

(See any good political almanac. Such facts as these 
need not be “ committed to memory.” They change fre¬ 
quently.) 

If you had a claim against the United States, how would you get 
your money ? 

1. If no appropriation has been made covering the 
matter, the claim should be brought to the attention of 
Congress, or be prosecuted before the Court of Claims. 

2. If an appropriation for the purpose has been made, 
the claim should be presented to the proper auditing officer. 


130 


THE NATION. 


Studies 

in 

Civics, 
p. 167. 


If the claim is refused by Congress, the claimant has no 
recourse, except to bring his claim before the next Con¬ 
gress. 

Who may punish a pirate ? 

Any one that is able. 

Can a pirate claim the protection of the American flag? 

No, nor that of any other government. 

Has the United States ever formally declared war ? 

Yes. The declaration of war in 1812 is given in Studies 
in Civics, p. 354. 

May war begin without a formal declaration? 

Yes. (See Studies in Civics, p. 351.) 

Does the President act with Congress in declaring war? 

Yes. By examining the declaration on p. 354 we see 
that it is an “act of Congress,” and all acts of Congress 
must be submitted to the President. (See Studies in Civics, 
pp. 149-151.) 

What protection is afforded by letters of marque and reprisal ? 

Those who operate under such letters cannot be treated 
as pirates; if captured by the enemy, they must be treated 
as prisoners of war. (See Studies in Civics, p. 352.) 

Name some well-known privateers. 

The Alabama, the Alexandra, the Florida, and the 
Georgia; the Sumter, the Retribution, the Tallahassee, 
the Chickamauga, and the Shenandoah. 

Tell about “the Alabama claims” and their settlement. 

“The Alabama Claims” is a generic term covering all 
claims of the United States, both in its own behalf and 
that of certain of its citizens, growing out of acts of the 
vessels named above, and others. The first four “were 
substantially fitted out and adapted to warlike use in Great 
Britain; ” the rest, though built in Great Britain, were 


POWERS VESTED IN CONGRESS. 


131 


armed and “ commenced their hostile careers in the Con¬ 
federate service within other territorial jurisdictions.” 
. . . “ During the war the immediate object of all commu¬ 
nications made on the part of the United States was to in¬ 
duce the British government to interfere and prevent the 
escape of the Confederate cruisers; the remote object of 
the same communications, and the sole purpose of those 
made after the war, was to present and urge a demand for 
compensation.” The differences were settled by a Court 
of Arbitration composed of five persons, one appointed 
by each of the contestants and one each by Italy, Brazil, 
and Switzerland. The tribunal met at Geneva, Switz¬ 
erland, and in September, 1872, awarded to the United 
States a gross sum of $15,500,000 for damages, public and 
private. 

With what other power is that of raising an army connected ? 

That of raising a navy. 

That of maintaining an army ? 

That of raising money. 

How large is the U. S. Army at the present time? (1894.) 

Twenty-six thousand, two hundred eighty-three men of all 
ranks. (See Studies in Civics , p. 305.) 

Give arguments for the militia system as over against that of a 
large standing army. 

1. The cost. To maintain a large standing army is very 
expensive, not only in the means necessary for the main¬ 
tenance of the army, but also in loss from having so many 
men removed from the field of productive industries. 

2. The danger. (This is briefly discussed in Studies in 
Civics , p. 161. There is an elaborate and excellent discus¬ 
sion of this point in Lieber’s Civil Liberty and Self Gov¬ 
ernment , a book that should be in every library.) 

The militia system, then, is less expensive and less dan¬ 
gerous; and for our purposes it is just as efficient. 


Studies 

in 

Civics, 
p. 167. 


132 


THE NATION. 


Studies 

in 

Civics, 
p. 168. 


What circumstances favor us in adopting the militia System ? 

The fact that we have no powerful neighbors. We are 
separated from European countries by the Atlantic ocean; 
and the other countries of America are all far less powerful 
than we are, and they are likely to continue so. 

What country in Europe is most like us in this respect ? 

Great Britain. 

Why is this (the militia system) possible in Great Britain ? 

Because Great Britain is separated from the mainland of 
Europe by a body of water. Her principal protection is 
derived from her mighty navy. 

Where are most of the officers of the U. S. Army educated ? 

At the United States Military Academy located at West 
Point, New York. 

How are appointments to this institution made ? 

Except twenty personal appointments by the President, 
they are made by the Secretary of War, on nomination by 
the member of Congress from whose district the appoint¬ 
ment is to be made. The nominee must be a bona fide 
resident of the district, not less than 17 nor more than 22 
years old; he must be of sound body and good moral 
character. 

By what authority has Congress established it? 

It is implied in the authority to raise and maintain 
armies, and to prescribe regulations for their government. 

What is a military “draft”? 

A selection of citizens by lot to serve in the army. This 
selection is not usually made unless there is a deficiency 
which cannot be filled by volunteer or other methods of 
raising men. 

Who has charge of this department? 

The Secretary of War. The name of the present secre¬ 
tary (1894) is Paniel S. Lamont, of New York. 



POWERS VESTED IN CONGRESS. 


133 


Name the four 1 highest officers in the U. S. Army 

(See any good political almanac; also p. 309 of Studies in 
Civics .) 

Name the present Secretary of the Navy. 

Hilary A. Herbert, of Alabama (1894). (But see politi¬ 
cal almanac for this year.) 

The two highest naval officers. 

(See Studies in Civics , p. 309, also the political almanac.) 

Where are most of the U. S. naval officers educated? 

At the United States Naval Academy, located at Anna¬ 
polis, Md. 

How does the U. S. Navy compare with navies of other coun¬ 
tries ? 

It is smaller than that of any other great country. (See 
political almanac.) But it is being enlarged and improved. 

Why is our navy so small ? 

For several reasons, among which may be mentioned: 

1. For the same reason that our army is small — we do 
not feel the need of having a large navy. We expect to be 
able to live in peace, both because of our location and be¬ 
cause we feel so big and strong that we credit other nations 
with a willingness to let us alone. 

2. The cost of building a navy is very great; and to 
build a single ship, even, requires a long time. As im¬ 
provements are constantly being made, it often happens 
that a ship is antiquated even before it is completed. Our 
Congress, confiding overmuch, perhaps, in our vast power, 
has postponed action in the matter of navy-building, in 
order that money need not be put into what might prove 
practically useless ships. 

On the other hand, the very fact that it takes a long 
time to build a navy might be made an argument in favor 
of immediate action. 

1 When tills question was written, Lieutenant-General P. H. Sheridan was 
still living; hence the number “ four.” Pupils need name only three now. 


Studies 

in 

Civics, 
p. 168. 


134 


THE NATION. 


Studies What is the difference between military law and martial law? 
c . in Military law is the law governing soldiers and sailors, as 
p. 168 .' such, of all ranks. (See Studies in Civics , pp. 161, 162.) 

Martial law is “ an arbitrary kind of law, proceeding 
directly from the military power, and having no immediate 
constitutional or legislative sanction. When it is imposed 
upon any specified district, all the inhabitants and all their 
actions are brought within its dominion. It is founded 
upon paramount necessity, extends to matters of civic as 
well as criminal jurisdiction, and is proclaimed only in 
times of war, insurrection, rebellion, or other great emer¬ 
gency. It is quite distinct from military law.” — War¬ 
ren’s Blackstone, quoted in Webster’s Dictionary. 

We see, then, that one difference between the two kinds 
of law is the persons to whom it applies — military law 
applying to soldiers and sailors only, while martial law 
applies to people generally ; that a second difference is the 
time when it is in operation — the former being operative at 
all times, the latter only during times of war or other great 
emergency; and that a third difference is the extent of ter¬ 
ritory covered , military law being operative wherever there 
are soldiers and sailors, martial law over only a very small 
and designated territory. 

How are the rules governing the army and navy made known ? 

The rules (called the Articles of War) are printed in 
book form, and each officer is expected to provide himself 
with a copy. Private and non-commissioned officers are 
instructed in their duties by the superior officers. 

What is the source of authority in a military court ? 

The Articles of War. 

In a civil court? 

The statutes and the Constitution. 

Is there any liability of a conflict of jurisdiction ? 

No. The military court has jurisdiction only over 
soldiers and sailors in the regular service; the civil courts 
over other persons. 


POWERS VESTED IN CONGRESS. 


135 


When was flogging abolished in the army and navy ? 

In the army, Aug. 5, 1861 ; in the navy, Sept. 28, 1850. 

What punishments are inflicted by courts-martial ? 

For private and non-commissioned officers, extra drills, 
confinement, fines, reduction in rank. 

For commissioned officers, censure, fine, dismissal from 
the service. 

In times of war the death penalty is sometimes imposed; 
but this is rarely if ever done in times of peace. 

Distinguish between the militia and the regular army. 

The militia is composed of those persons engaged in 
ordinary peaceful vocations, who are liable to be called 
upon to enter the army if needed; the regular army is com¬ 
posed of those who are soldiers by profession. 

Distinguish between the militia and “volunteers.” 

Both make peaceful pursuits their profession. The 
militia comprises all who are liable to service ; the “ volun¬ 
teers ” enter the service, if needed, of their own choice. 

(The questions in paragraph 16 are all "local,” except 
the last, the answer to which is "Congress.”) 

Over what portions of this State has Congress this “ exclusive 
jurisdiction ” ? 

Over the grounds occupied by post-offices owned (not 
rented) by the United States; over grounds occupied by 
custom-houses or other buildings owned by the United 
States; over the grounds occupied by forts built and 
owned by the United States. 

(The pupils should be encouraged to locate them. This 
question might be assigned to one pupil to be reported on.) 

Give a brief sketch of the District of Columbia. 

Originally ten miles square, the ground was ceded to 
the United States in 1788-9 by Virginia and Maryland. 
It now consists of sixty-four square miles of territory, the 
Virginia portion having been retroceded in 1864. The 
site was selected by Washington. Citizens have no vote 


Studies 

in 

Civics, 

p. i68. 


13G 


THE NATION. 


studies either in district or national affairs. It is governed by the 
c . in commissioners, under direct legislation of Congress. Jus- 
p. i68.’ tice is administered by a “ Supreme ” court of three judges, 
a district court of six judges, and a police court of two 
justices. 

When and by whom was slavery abolished therein? 

The slave trade by act of Congress in 1850; slavery by 
the Thirteenth Amendment. 

SUGGESTIONS. 

One good way of dealing with this chapter is as follows : — 

1. At the close of the preceding lesson, look over with the class, 
books open, the chapter as a whole. Note that it covers three sec¬ 
tions of the Constitution, and note carefully their titles. Emphasize 
the difficulty of so organizing a federal republic as to give necessary 
vigor to the general government without impairing the proper 
powers of the State governments or infringing upon the rights of 
individuals. As an aid to interpretation, read the Ninth and Tenth 
Amendments, p. 235. 

2. Now comes examination in detail, and this should be done by 
the class as seat-work. 

Having directed attention to the fact that the Federal Government 
is organized and established for two chief purposes, — to present a 
strong front to foreign foes, and to take charge of matters of general 
interest — assign to the class the duty of grouping the powers of 
Congress under these two heads : I. Powers for Common Defense; 
II. Powers for the General Welfare. Attention may be directed to 
the fact that there is another group of powers, corollary to the pre¬ 
ceding, namely, III. Powers Necessary to Maintain Existence. In 
arranging these groups, pupils should be warned to take into account 
pertinent provisions outside of this chapter; for example, the first 
clause of section four, article one, which was manifestly inserted for 
the purpose of enabling the government to perpetuate its own exist¬ 
ence. 

To save the teacher’s time and to suggest a standard, the proposed 
tabulation is here given. Pupils should be warned that powers 
granted to the United States are powers granted to Congress, unless 
they are specifically or inferentially granted to one of the other 
branches. 


POWERS VESTED IN CONGRESS. 


137 


I. Powers for Common Defense. 

1. To declare war, etc. (I. 8:11). 

2. To raise and support armies (I. 8:12). 

3. To provide and maintain a navy (I. 8:13). 

4. To regulate the army and navy (I. 8:14). 

5. To use the militia (I. 8:15, 16). 

6. To define and punish piracies, etc. (I. 8:10). 

• 

II. Powers for General Welfare. 

1. To regulate foreign and interstate commerce (I. 8:3). 

2. To legislate on bankruptcy (I. 8:4). 

3. To coin money, etc. (I. 8:5). 

4. To punish counterfeiting (I. 8:6). 

5. To fix the standard of weights and measures (I. 8:5). 

6. To establish post-offices, etc. (I. 8:7). 

7. To grant patents and copyrights (I. 8:8). 

8. To constitute inferior courts (I. 8: 9). 

III. Powers for Preserving Existence. 

1. To lay and collect taxes (I. 8:1). 

2. To borrow money (I. 8:2). 

3. To control naturalization (I. 8:4). 

4. To regulate national elections (I. 4:1, and II. 1:4). 

5. To require proper service (I. 5:2 ; II. 4; I. 2:5; I. 3:6). 

6. To control admission of States (IV. 3:1). 

7. To control the property of the United States (IY. 3:2). 

8. To secure obedience to its laws (II. 3; YI. 2). 

The preparation of the preceding tabulation may be assigned to 
one section of the class, while to another may be given the work of 
tabulating the prohibitions. Before this assignment the attention 
of the whole class should be directed to the fact that the prohibi¬ 
tions on the Federal Government are intended for the protection either 
of the integrity of the States or of the rights of persons. Here, 
again, should be noted the collateral bearing of other provisions than 
those in this chapter. The Amendments seem to indicate that the 
people thought that in the body of the Constitution not nearly 
enough protection had been thrown around the citizen, nor quite 
enough around the States. 

The prohibitions on the States should be shown to have three 
objects: (a) Prevention of infringement on the powers of the Fed- 


Studies 

in 

Civics, 
p. 168. 


138 


THE NATION. 


Studies eral Government; (fr) Obviation of interstate conflict; (c) Protec- 
in tion of persons. 

Civics, Following are the tabulations suggested: — 

p. 168. ° 

PROHIBITIONS ON THE UNITED STATES. 

I. For the Protection of Stcit&. 

1. Interference with slave trade (I. 9:1 —obsolete). 

2. Direct taxation (I. 9:4). 

3. Duties on exports (I. 9:5). * 

4. Commercial preferences (I. 9:6). 

5. State integrity (IY. 3:1, 2). 

6. State representation (I. 2:3; V.). 

7. Reserved powers (Am. X., XI.). 

II. For the Protection of Individuals . 

1. Against legislative oppression (I. 9:2, 3; Am. I., II.). 

2. Against executive tyranny (I. 8:12; I. 9:2; Am. II., 

III., IV., V., XIY. 1). 

3. Against judicial oppression (III. 3:1, 2; Am. Y., YI., 

VIII.). 

(There is a more elaborate classification of these provisions on 
the pages commenting upon page 237. But this is sufficient for the 
present. The teacher might suggest this threefold grouping of II. 
to the class, so as to give the pupil a basis for work.) 

PROHIBITIONS ON THE STATES. 

I. To Prevent Conflict with the Federal Government. 

1. Treaties and letters of marque (I. 10:1). 

2. Money, bills of credit, legal-tender (I. 10:1). 

3. Imposts and duties, compacts (I. 10:2). 

4. Troops, war (I. 10:2). 

5. Discouragement to rebellion (Am. XIV., 2, 3). 

II. To Obviate Interstate Dissensions (“insure domestic tran¬ 
quillity”). 

1. All powers granted to the Federal Government to regu¬ 

late commerce, to have an army and navy, etc., have 
this tendency and purpose. 

2. Interstate credit of records (IY. 1). 

3. Interstate citizenship (IY. 2:1). 

4. Interstate extradition (IY. 2: 2, 3). 


POWERS VESTED IN CONGRESS. 139 

III. To Protect Individual Citizens. Studies 

1. Bills of attainder and ex post facto laws (I. 10:1). Civic*, 

2 . Obligation of contracts, titles of nobility (I. 10:1). p. 168 . 

3. Interstate credit of records (IV. 1). 

4. Interstate citizenship (IV. 2:1). 

5. Equality before the law (Am. XIII., XIY., XV.). 


Prohibitions on the United States may be given to one section of 
pupils, and prohibitions on the States to another. 

This is a good place to put in substantial work; it is the kernel of 
the Constitution, the rest being largely a description of the machin¬ 
ery for putting it into effect. 

The powers of Congress may now be studied, giving, say, two les¬ 
sons to them; then the prohibitions on the Federal and State 
Governments may be taken in one, assuming the lesson periods to 
be at least half an hour long. 

It will be noted that there is a very long list of questions after 
section VIII. The list was purposely made so, with the object of 
holding the class long on this chapter. 

One good way of dealing with the questions is this: Assign to 
each pupil a paragraph of questions, or several of the short para¬ 
graphs. These are numbered, and refer to the corresponding clauses. 
To have looked up one topic pretty thoroughly is worth more to a 
pupil than to have skimmed over many subjects. The recitation 
may then be topical, too, the reading of the questions being omitted. 
The questions that could not be answered may be noted, and these 
may be assigned to individuals as special topics for the next 
day. 

Then at the close of the study of this chapter revert again to the 
bird’s-eye-view taken at the beginning. For this purpose a tabula¬ 
tion may be provided on a large sheet of paper or on the black¬ 
board. 

Do not worry if this takes time. Two weeks may be profitably 
spent on this chapter, and not less than one week should be devoted 
to it, no matter how much or how little time is devoted to the sub¬ 
ject as a whole, and this is exclusive of the time spent on the 
debate. 

On the Tariff Debate the most impartial statement of the ques¬ 
tion is that given in Macvane’s Political Economy. Partisan views 
are indicated in Studies in Civics. 


140 


THE NATION. 


Studies 

in 

Civics, 
p. 177. 


PROHIBITIONS ON CONGRESS. 

When was slavery introduced into the United States? 

Iii 1619 or 1620. 

Give an account of the steps taken to abolish it. 

(Consult a cyclopedia; also Studies in Civics, p. 343.) 

What is the use of the writ of habeas corpus ? 

To prevent illegal imprisonment or detention, by requir¬ 
ing the person having the other in custody to bring him 
before a competent authority and show cause for the de¬ 
tention. 

There are many applications of the writ. Following are 
examples: — 

A young woman in Wisconsin, against the will of her 
mother, married a certain young man. The mother locked 
her daughter in her room at home, and refused to let her 
out or the young husband in. The young man went before 
a court commissioner and got out a writ of habeas corpus. 
The mother was required to produce the daughter before 
the court commissioner, who decided that the young woman 
was illegally held and ordered her release. 

A man in New York, on being left a widower with sev¬ 
eral small children, gave the children to persons able and 
willing to care for them. Years afterward, when one of 
the children had grown to be sixteen years of age, and had 
become a handsome, well-educated girl, he asked to have 
her returned to him. The people who had brought her up 
looked upon her and loved her as their own, and they de¬ 
clined to part with her. The father made application for 
a writ of habeas corpus, which was granted. The girl was 
brought before the judge, and was remanded to the keeping 
of those who for so many years had lovingly cared for her. 
At the examination it was shown that the father had given 
the girl to those having her in charge, that she did not 


1 


PROHIBITIONS ON CONGRESS. 


141 


wish to leave them, and that the father was not a fit person studies 
to be intrusted with a girl of her age. , in 

A woman in Minneapolis, Minn., was committed to the p . I77 .’ 
workhouse by the municipal court. Her attorney applied 
to the judge of the supreme court for a writ of habeas 
corpus, on the ground that there was some irregularity in 
the proceedings by which she was convicted. The keeper 
of the workhouse, on appearing with her, showed, as his 
authority for keeping her in custody, the order of the 
municipal court committing her to the workhouse. This 
led to an examination of the proceedings, which were 
found to have been irregular in some way, and the woman 
was discharged from custody. 

If a sane person were confined in a lunatic asylum, how could he 
be got out ? 

By means of a writ of habeas corpus. Application for 
it could be made by himself or by a friend for him. 

Of course, in most asylums the patients are discharged 
without any proceedings, as soon as they are found to be 
of sound mind. 

Could a person who had taken religious vows, imposing seclusion 
from the world, be released by means of this writ ? 

Certainly, if necessary. But probably he could secure 
his release without resort to it, by simply stating his 
desire. 

Show the necessity of power to suspend the writ in cases of 
rebellion or invasion. 

The suspension of the writ is one of the consequences 
of declaring martial law within a certain district. 

During w'ar the courts may be unable peaceably to 
assemble and render justice without fear. Hence it might 
not be practicable to have the writ issued. Again, it is a 
matter of common experience that one may be morally 
certain of something without being able to prove it. And 
in war the public interests often demand that persons who 


142 


THE NATION. 


studies lay themselves open to suspicion shall be summarily ar- 
in rested and confined where they cannot give aid and com- 
p. 177. fort to the enemy. But if the writ of habeas corpus were 
operative, it would be necessary, in order to hold them, 
that their guilt be shown. To prevent this necessity, the 
writ is sometimes suspended. This is, of course, very dan¬ 
gerous to liberty, and hence the constitutional provision. 

Could the things forbidden in a bill of attainder be done by a 
court ? 

Some of them. For instance, a man’s property might 
be taken from him to satisfy a debt or pay a fine. But he 
could not, even by a court, be rendered incapable of hand¬ 
ing down property to his heirs. 

Give an example of an ex post facto law. 

If, while a man was awaiting trial on a certain charge, a 
law were passed increasing the punishment of such a crime 
and making the punishment apply to “ all who may here¬ 
after be convicted thereof,” it would affect him on convic¬ 
tion, and, having been passed after he committed the act, 
it would be an ex post facto law, that is, as to him. 

What is meant by “entering” and “clearing” a port? 

To “ enter ” a port is to report to the customs officer the 
arrival of a ship, and give a statement of her cargo. 

To “ clear ” a port is to exhibit the documents required 
by law, give bonds, or perform other acts requisite, and 
procure a permission to sail, and such other papers as the 
law requires. 

How could the President get hold of any money belonging to the 
United States other than that received in payment of his salary ? 

He could not do it unless the payment were authorized 
by law. 

Could you receive a present from a foreign government ? 

If not holding any office under the United States, the 
answer is, Yes ; otherwise, Ho. 


PROHIBITIONS O-N CONGRESS. 


143 


Name any American who has received a title or present from a Studies 
foreign government. in 

About 1870 Gen. Sherman’s daughter received from the Clvlcs ’ 
Khedive of Egypt a present of diamonds, as a testimonial 
of regard for her father. 

Must a titled foreigner renounce his titles on becoming an Amer¬ 
ican citizen? 

He must. (See Studies in Civics , p. 320.) 

What are “ greenbacks” ? 

They are legal-tender, non-interest-bearing notes of the 
United States. 

Did you ever see a State greenback ? 

No. A State cannot issue “ bills of credit.” (See Studies 
in Civics , p. 174.) 

What is a contract? 

(See Studies in Civics, p. 249 ; also a good law dictionary.) 

Could a Legislature pass a law doing away with imprisonment 
for debt? 

Yes. This would not invalidate any contract. If the 
debtor have property subject to execution it can be levied 
on. If not, a judgment may be obtained to cover any such 
property afterward acquired. *■ 

What argument did Daniel Webster make in the Dartmouth 
College case ? 

Dartmouth College had been founded by private persons 
as an institution for particular uses ; its charter had been 
given by King George III. to perpetuate these uses. Later 
(in June, 1816), the Legislature passed an act to re-organ¬ 
ize the college, and virtually to place it within control of 
the State. The position of Mr. Webster was that the 
charter was a contract, and that for the Legislature to pass 
a law changing it without the consent of the trustees 
would be to pass a law “ impairing the obligation of con¬ 
tracts ” ; and hence that the act of 1816 was unconstitutional 
and therefore void. (See “ Daniel Webster,” in American 


144 


THE 'NATION. 


studies Statesmen Series , pp. 73-98. See also Kirk’s Illustrated 
Civics Mistory °f Minnesota , pp. 225, 226.) 

P' I77 ' Name the various State Inspectors in this State. 

(See the Legislative Manual.) 

How are they paid ? 

Some by salary and some by fees. (The students should 
ascertain which are paid in each way, and, if possible, 
why.) 

May a State impose taxes to pay its own expenses ? 

Certainly ; that is, direct taxes upon the persons and 
property within its borders, but not imposts. 

What prohibitions apply to both National and State government P 

1. Against passing bills of attainder and ex post facto 
laws. 

2. Granting titles of nobility. 

3. Against certain acts of injustice mentioned in the 
amendments. 

Arrange prohibitions in tabular form, using Story’s classification. 


PROHIBITIONS ON STATES. 


* POLITICAL. 

PRIVATE. 

Absolute. 

Subject to Congress. 

Absolute and Universal. 

Treaties and alliances. 

Imposts. 

Bills of attainder. 

Letters of marque. 

Tonnage. 

Ex post facto laws. 

Coining money. 

Troops, or ships of 

Laws impairing con¬ 


war. 

tracts. 

Emitting bills of credit. 

Compacts with States 
or with foreign 
powers. 

Titles of nobility. 

Legal tender. 

War. 



REFERENCES. 

Macy’s Our Government , chaps, xl., xli. 
Fiske’s Civil Government , chap, viii., sec. 4. 










THE EXECUTIVE DEPARTMENT. 


145 


SECTION XVIII. 

(Referring to “Studies in CivicsChapter XXIII.) 

Any President under the Confederation ? 

No. (See Studies in Civics , p. 113.) The executive 
work was largely clone by the States. 

When does the President’s term begin ? 

March 4, at noon, of the year following the one divisible 
by four. 

What if that day comes on Sunday? 

There is no legal provision for this contingency. As a 
matter of fact, President Hayes took the oath of office 
privately on Saturday, March 3, and then took it publicly 
on Monday, March 5. 

How does a presidential term compare with that of Senator ? Of 
Representative ? 

It is just between the two, two years shorter than the 
former and two years longer than the latter. 

Should the presidential term be as now, or longer, and the limit 
one term? 

This is a question that has two sides. The principal 
arguments on each side are given in the debate coming on 
page 194 of Studies in Civics. 

For how many terms may a person be elected President ? 

There is nothing in the written Constitution forbidding 
indefinite re-election, but by the unwritten Constitution no 
one can be elected more than twice. 

What Presidents have been elected twice ? 

Washington, Jefferson, Madison, Monroe, Jackson, Lin¬ 
coln, Grant, and Cleveland. 

How many presidential electors for each State ? 

(See Studies in Civics, p. 298, and a political almanac.) 


Studies 

in 

Civics, 
p. 192. 


146 


THE NATION. 


Studies 

in 

Civics, 
p. 192. 


Show that the present mode is an advantage to small States. 

By population New York, for example, has 34 times as 
much power as Delaware, as shown by the representation 
of each in the lower House of Congress. Adding two to 
each, we have a ratio of 36 to 3, or only 12 to 1. Hence, 
by the present arrangement Delaware’s ratio to New York 
is advanced from 1 to 34 to that of 1 to 12, a tremendous 
gain. And in a similar manner the gain of every small 
State might be shown. 

Name the electors of this State at the last presidential election. 

(These may be found on a “ ticket,” by reference to the 
files of a newspaper, and in some States by reference to 
the Legislative Manual.) 

Tear off, beginning at the top, all that you can without affecting 
the vote. 

(Except the “ caption ” — which is required by law in 
some States — the ticket may be removed down as far as 
the words “ For Presidential Electors.”) 

How can a person vote for one of the candidates, say of the Re¬ 
publican party, without voting for the other ? 

He cannot do it. He votes for the electors , and they 
are pledged to vote for both candidates of the party. 

Where did our electors meet ? When ? 

At the capital of the State, on the second Monday in 
January following their own election. 

Is an elector bound to vote for the candidates of his party ? 

Legally, no; ethically and practically, yes. He accepts 
the nomination as elector with the understanding that he 
will vote for the party’s candidates, and it would be a 
breach of faith for him not to do so. If he does not like 
the conditions, he should decline to serve as elector. 

How is a vacancy among the electors filled? 

Each State provides for this contingency. The usual 
rule is that the governor makes an appointment. 


CHOOSING THE PRESIDENT. 


147 


Did you preserve the newspaper account of the proceedings of the 
meeting of the electors ? 

Usually the newspaper account is very meager. This 
is probably due to the fact that the action of the electors is 
commonly regarded as a mere formality, and it is well 
known what their vote will be. 

It may, however, be of interest to the class to know that 
the proceedings are about as follows : — 

1. The selection of officers. Some one has said, “ Where¬ 
soever two or three Americans are gathered together, there 
shall be a chairman and a secretary.” Some one of the 
electors nominates a chairman, and the person nominated 
is, of course, elected. After thanking his colleagues “ for 
the honor conferred upon” him, the chairman declares it 
in order to nominate a secretary. This office being filled, 
the electors proceed to business. 

2. The voting. The chairman, after a little speech about 
the importance of the business which calls them together, 
and their consequent responsibility, asks the electors to 
prepare their ballots for President of the United States. 
Taking from a table before them cards or pieces of paper 
provided for the purpose, each writes the words, “For 
President of the United States,” and then below these 
words the name of the person voted for. The chairman 
then asks, “ Are you ready to cast your ballots for Presi¬ 
dent?” Upon receiving an affirmative answer, he calls 
upon the electors to cast their ballots. They lay them 
down before the secretary, who counts them, and reports 
the result just as solemnly as if everybody didn’t know 
beforehand what the result would be. In a similar manner 
the vote for Vice-President is taken. 

3. Making lists. (The teacher should remind the class 
that there are three of these lists, the other two being 
among the archives at Washington. They may also be 


Studies 

in 

Civics, 
p. 193- 


148 


THE NATION. 


studies reminded that reports somewhat similar are made in 
in all elections, as is shown in Studies in Civics , pp. 
• p.i 93 . 17, 324.) 

There are usually not many spectators at the proceedings 
of the electors. The governor, a few other State officers, 
and a few reporters are about all. Others might be there 
if they chose. 

Could the President and Vice-President be chosen from the same 
State ? 

« Constitutionally, yes. The words “ one of whom, at 
least, shall not be an inhabitant of the same State with 
themselves,” were inserted at the instance of the small 
States, who feared that some large State might capture 
both of the offices in spite of the other States. But if 
the electors from the other States desire both candidates, 
say from New York, they may vote for two New York 
men, only the New York electors being barred from doing 
so. 

Practically, of course, this question will never rise. 
“ Practical politics ” will necessitate the nomination of 
men from different States. 

How many electoral votes were necessary to a choice at the Presi¬ 
dential election in 1892 ? 

(356 + 88) -r- 2 = 222 ; therefore 223 were necessary. 

How many did each receive ? 

Harrison, 145; Cleveland, 276; Weaver, 23. 

What is the smallest number of representatives that could elect a 
President ? 

There are (1894) 44 States. “ Two-thirds,” or 30, at 
least, of these would have to be represented by “ a member 
or members.” Let each be represented by “a member,” 
making 30 in all. As “ a majority of all the States shall 
be necessary to a choice,” it would take 23 States of the 30 


CHOOSING THE PRESIDENT. 


149 


to elect; hence 23 members is “ the smallest number that studies 
could elect.” in 

Civics, 

If there should be no choice before the fourth of March, who would 
be President? 

The Vice-President elect. (See Constitution, Studies in 
Civics , p. 185.) 

Have we ever been threatened with a case of this kind ? 

No; but in 1877 we came near having neither President¬ 
elect nor Vice-President-elect on the fourth of March. It 
was early in the morning of March 2, 1877, that Hayes 
and Wheeler were declared elected. 

Which Presidents have been elected by the House ? 

Jefferson in 1801, and John Quincy Adams in 1825. 

Has a Vice-President ever been chosen by the Senate? 

Yes ; in 1837 Richard M. Johnson, who lacked one of 
having a majority of the electoral votes, was elected by the 
Senate. 

Specify four differences between the old and the new way of elect¬ 
ing President and Vice-President. 

1. By the old way, the electors named two persons for 
President; now they specify one for President and one 
for Vice-President. 

2. Originally they used only one ballot; now they use 
two. 

3. Originally the Vice-President was not required to 
have a majority of electoral votes; now he is. 

4. Originally, when the election was thrown into the 
House of Representatives on account of a lack of a 
majority, the selection was made from the five highest; 
now it is made from the three highest. 

Which was the most important change ? 

The first, as given above. 


150 


THE NATION . 


Studies 

in 

Civics, 
P- 193- 


What statement in the Twelfth Amendment was unnecessary in the 
original provision ? 

That requiring the Vice-President to have the same J 
qualifications as the President. 

If two-thirds of the Senators are present, are two-thirds of the 
States represented ? 

Not necessarily. Both of the Senators from some States 
might be present, and neither from other States. 

What is the smallest number of Senators that can elect a Vice- 
President ? 

A majority of the whole number of Senators, now (July, 
1894) 45. 

How many Vice-Presidents have succeeded to the presidency? 
How? 

Pour. Tyler succeeded on the death of Harrison; Pill- 
more on the death of Taylor; Johnson on the death of 
Lincoln; and Arthur on the death of Garfield. 

Is the result of the election known before the electors meet? 

It is, provided that they all do as expected, namely, vote 
for their party’s candidate; and practically without excep¬ 
tion they do so. Only one exception is recorded since nom¬ 
inating conventions came into vogue in 1832. 

Who is our present minister to England? 

Edward J. Phelps is (July, 1894) our ambassador , the 
mission to England having been raised to that rank by 
the 52d Congress. 

Would a son of his born in England to-day be eligible in due time 
to the presidency ? 

Yes. Our representatives abroad do not lose their resi¬ 
dence in this country, and their children born during 
their service abroad are “natural-born citizens.” Their 
residences are theoretically portions of the United 
States. 


Q UALIFICA TIONS — VA CANCIES. 


151 


Make a comparative table of Representatives, Senators, and Presi- Studies 
dent. in 

COMPARATIVE TABLE. Civics, 

_ P- I 93* 


Points. 

Representative. 

Senator. 

President. 

Qualifications — 
First. 

25 years old. 

30 years old. 

35 years old. 

Second. 

Citizen, 7 yrs. 

Citizen, 9 yrs. 

Citizen, life. 

Third. 

Res. of State. 

Res. of State. 

Res. of U.S. 

Fourth. 

No U. S. office. 

No U.S. office. 

14 years. 

No other U.S. 

Fifth. 

Loyalty. 

Loyalty. 

office. 

Loyalty. 

Election. 

People of Dis¬ 

Legislature of 

Special Elec¬ 


trict. 

State. 

tors. 

Term. 

2 years. 

6 years. 

4 years. 

Removal. 

§ House. 

| Senate. 

Conviction on 

Vacancy. 

New Election 

New Election 

Impeacli’t. 
Vice Pres, and 


called by Gov¬ 

o r Tempo¬ 

Cabinet in 


ernor. 

rary App’t. 

order. 

Salary. 

$5000 a year. 

$5000 a year. 

$50,000 a year. 


May be increased or diminished. 

Not changed. 


Who is now Vice-President? 

Adlai E. Stevenson of Illinois (July, 1894). 

Have we had more than one Vice-President at the same time? 

No; the Constitution provides for only one Vice-Presi¬ 
dent. Some people, speaking carelessly, call the President 
pro tempore of the Senate, “ Vice-President.” But this is 
a misnomer. 

Name the persons in their order who would succeed to the presi¬ 
dency in case of the disability of the President. (1894.) 

1. Vice-President, Adlai E. Stevenson. 

2. Secretary of State, Walter Q. Gresham. 

3. Secretary of the Treasury, John G. Carlisle. 

4. Secretary of War, Daniel S. Lamont. 

5. Attorney-General, Richard Olney. 

6. Postmaster-General, Wilson S. Bissell. 

7. Secretary of the Navy, Hilary A. Herbert. 








152 


THE HAT ION. 


Studies 

in 

Civics, 
P- 193- 


8. Secretary of the Interior, Hoke Smith. 

9. Secretary of Agriculture, J. Sterling Morton. 

The last named was not in the list originally, because 
when the Presidential Succession Bill was passed there 
was no such cabinet officer; but he was added by the 52d 
Congress. 


If the President should become insane, who would declare the fact ? 

There is no provision for such a contingency. Probably 
the person next in order of succession would have the 
matter examined into by a commission containing medical 
experts; and if the decision was that the President was 
insane, he would assume the presidency for the time being. 
If Congress were in session it might take action in the 
premises. 

How long would the person thus succeeding serve ? 

Until the disability was removed or a new President 
chosen. 


Pour ways in which a vacancy in the presidency may occur. 

1. By the President’s death. 

2. By his resignation. 

3. By some disability, such as insanity. 

4. By removal on impeachment. 

If the President leave Washington, is a vacancy created ? 

No. The President should be able, in the discharge of 
his duties, to visit all parts of the country. 

If he leaves the country ? 

Probably yes, though this question has never been judi¬ 
cially passed upon, because the contingency has not arisen. 

If he is impeached ? 

No; not before conviction. This is in accordance with 
the principle that “ a person is held to be innocent until he 
has been proved to be guilty.” 


PRESIDENT'S SALARY. 


153 


In case of the non-election of either President or Vice-President, 
who would serve ? 

Probably the Secretary of State of the President whose 
term has just expired; but possibly, if the matter were 
likely soon to be settled, the old President would continue 
“ until his successor is elected and qualified.” This is not 
specifically provided for. • 

How long would this person serve ? 

Until a President was chosen. 

How is a vacancy in the office of Vice-President filled ? 

It is not filled at all. His work as president of the 
Senate is performed by the president pro tern, of that body. 

At what stated times does the President receive his salary? 

Once a month, like any other person working on a 
salary. 

Did President Grant get the increase ? Explain. 

Yes. He got it for his second term. The bill was 
passed during his first term. 

Does the Vice-President take an “oath of office”? 

Yes; it is administered just before noon by the retiring 
Vice-President, in presence of the Senate and in the Senate 
chamber. 

Sometimes the inauguration of the Vice-President is 
attended by the House- of Representatives, the Supreme 
Court, the foreign ministers, and the President and Presi¬ 
dent-elect. (See Among the Lawmakers , pp. 106-109, and 
Dawe’s Hoiv We are Governed , p. 197.) 

If he succeeds to the presidency, must he take the oath prescribed 
in the Constitution ? 

Yes. The Constitution makes no exceptions based upon 
order of succession or anything else. It says, “ He shall 
take the following oath or affirmation.” But the oath is 
taken without public ceremony. 


Studies 

in 

Civics, 
P- 193- 


154 


THE NATION. 


Studies What constitutional provision is there for salary for the Vice¬ 
in President ? / 

p 1 ^’ There is none. But “ the laborer is worthy of his hire, 
and by act of Congress the Vice-President receives $8,000 
a year. 

Compare the duties of governor with those of President. 

Duties, powers, and responsibilities which are alike: — 

1. Each is chief executive officer of bis organization. 

2. Each is commander-in-chief of the military forces. 

3. Each may call upon heads of departments for in¬ 
formation. 

4. Each may grant reprieves, commutations, and pardons. 

5. Each appoints certain officers, with consent of the 
Senate. 

6. Each transmits one or more " messages ” to the legis¬ 
lative body during each of its sessions. 

7. Each may convene either or both Houses in extra 
session. 

8. Each may adjourn the legislative body in case of dis¬ 
agreement between the Houses. 

9. Each is subject to impeachment and removal from 
office. 

Duties, etc., unlike : — 

1. The governor is chosen by the people, the President 
by electors. 

2. The heads of departments in the State are, most of 
them, elected by the people; in the United States they are 

J appointed by the President. 

Note. — This question is inserted to prepare students for the next sections. 

DEBATES. 

Resolved, That the President should be elected by direct vote 

OF THE PEOPLE. 

Affirmative Arguments: 

1. It is the American way of doing things for the people to choose 
their principal officers. 


DEBATE . 


155 


2. The people in effect choose the President as it is, though indi- Studies 
rectly, by means of their nominating conventions and the pledges, in 
expressed or implied, which they demand of the electors. The elec- Civics > 
toral college in this view is an expensive, cumbersome, and useless p ' I94 ’ 
piece of machinery. 

Negative Arguments: 

1. The present system equalizes the power of the large and the 
small States, as was shown before in this book. 

2. Frauds perpetrated in any State are confined in their effect to 
the States in which they occur. Thus, if in any State 100,000 fraud¬ 
ulent votes were cast, in this way carrying the State by 120,000 ma¬ 
jority, nothing is gained by the fraud, for the electors would have 
been secured anyway without the fraud. But if this fraud were 
committed under the system of direct voting, the 100,000 fraudulent 
votes would go to swell the grand total, and thus perhaps change the 
result of the election. 

Resolved, That the presidential term should he lengthened, and 
a second term forbidden. 

Affirmative Arguments: 

1. The term should be lengthened — 

(a) To give the President time to develop and carry out his 
“ policy.” 

( b ) To avoid the turmoil, and demoralizing effect upon business, 
which accompany a presidential election. 

2. The second term should be forbidden, to remove from the 
President the temptation to plan for a second term and to govern 
himself in his appointments in accordance with this ambition. 

Negative Arguments: 

1. The term should not be lengthened, because — 

(а) If the President proves incapable, the. term is long enough to 
have to bear with him. 

(б) If he is competent, he can be continued. 

2. The possibility of a second term should be continued — 

(a) As an inducement to special effort. 

( b) Because we might be so situated that to change would be dan¬ 
gerous. In the words of Lincoln, in the election during the war, 

“ It is dangerous to swap horses when crossing a stream.” 


156 


THE NATION. 


Studies 

in 

Civics, 
p. 194. 


SUGGESTIONS. 

This set of questions is designed primarily to connect the school 
world with the real world, to call upon the pupils to make application 
of what they have learned. 

It is absolutely necessary that they have access to a good political 
almanac. The best are the New York World Almanac and the 
New York Tribune Almanac. They cost twenty-five cents each, 
retail, and may be purchased from or through any newsdealer. 

To aid the pupils in understanding the phraseology of the 
newspapers and current literature, such terms as “ branch,” “ de¬ 
partment,” “bureau,” etc. should be understood. The following 
tabulation of the United States Government may aid in their under¬ 
standing : — 

THE UNITED STATES GOVERNMENT. 

I. LEGISLATIVE BRANCH — 

Houses, Senators and Representatives. 

Committees. 

II. EXECUTIVE BRANCH — 

Departments, Secretaries or Generals. 

Bureaus, Commissioners. 

Divisions, Chiefs. 

III. JUDICIAL BRANCH — 

Courts, Justices and Judges. 

Pupils can then see that the Government has three “ branches; ” 
that the second is divided into “ departments,” the chief officers in 
each being called “ secretary ” or “ general; ” that departments are 
divided into “ bureaus,” each of which is under the direction of a 
commissioner; and that each bureau may have “ divisions,” each 
presided over by a “ chief” or “ superintendent.” Thus, in the In¬ 
terior Department (1894) is the Bureau of Pensions, presided over by 
Commissioner William Lochren; and in this bureau, E. J. Totten 
is Chief of the Record Division. 

Pupils should be warned, however, that this is only approximately 
a true outline, and that in some books the word “department” is 
used with the same meaning as “branch” is here used; and that in 
some of the executive departments, the word “division” means 
nearly the same as “bureau” in others, so that “chief” in one de¬ 
partment may be practically synonymous with “commissioner” in 
another. This may be clearly seen by reference to a Congressional 



POWERS OF THE PRESIDENT. 


157 


Directory. But in the main, the pupils will be not far astray if they Studies 
get the idea conveyed by the tabulation. The warning is advisable in 
simply that they may not understand that the outline is absolutely Civics > 
correct. So long as the practice varies, no such quality could be P ‘ 204 ‘ 
claimed for any general outline. 

Had Lieutenant-General Grant any military superior? 

Yes, the President (who was commander-in-chief) and 
the Secretary of War. 

Who is commander-in-chief to-day? (1894.) 

The President, Grover Cleveland. 

Name the highest purely military officer, and give his rank. 

(See Studies in Civics , p. 309.) 

Name the members of the present Cabinet. 

(See any political almanac for this year.) 

If you wanted to trade with the Indians, to whom would you 
apply ? 

To the Secretary of the Interior. 

Can the President pardon before trial? 

Yes. That is, he can order that the prosecution be sus¬ 
pended. 

What cases can he not pardon ? 

Cases of impeachment. 

Name some one pardoned by the President. 

(This question was inserted to cause the pupils to watch 
the newspapers for examples, which frequently occur. 

The answer is not so valuable as the effort.) 

Can he pardon offenses against State law? 

No, that is the function of the governor of the State. 

Where does the general government confine its prisoners ? 

By courtesy of States and counties, they are confined in 
State prisons and county jails; sometimes temporarily in 
city prisons. There is a movement on foot to provide a 
number of national prisons. 


158 


THE NATION. 


Studies The smallest number of Senators to confirm or reject a treaty? 

in Whole number of senators, 88 ; quorum, 45: two-thirds 

p. 204 . of 45 is 30, the answer. 

What is meant by an “executive” session of the Senate? 

A session in which it acts upon matters brought before 
it by the President, such as treaties and appointments. 

How could you witness such a session ? 

By being a Senator or one of the specially trusted officers 
of the Senate. 

How large a vote is necessary to confirm an appointment? 

Probably a majority of a quorum, or 23 now (1894). 

What is an ambassador ? A minister ? A consul ? 

(See Studies in Civics, pp. 321, 349, 350, and an un¬ 
abridged dictionary.) 

What is meant by “inferior officers”? 

This term has never been officially defined, and an exact 
definition would be hard to frame. Inferior means lower; 
and the inferior officers are, in general, those performing 
duties subordinate to heads of departments and bureau 
officers. These inferior officers are loosely distinguished 
from “ employees/’ the latter being “ engaged,” not ap¬ 
pointed, and “ dismissed,” not removed. 

What is meant by “ civil service reform ” ? 

A reform whereby appointments to and continuance in 
the public service shall be based upon merit, rather than 
upon partisan activity. 

Among the abuses calling for reform are the following: — 

1. Misuse of appointing power. The securing of appoint¬ 
ments for personal friends has come to be looked upon by 
many as a prerogative of those in power, a right to be 
used for their own personal advantage. It is human for a 
person to protect his own interests; gratitude and reci¬ 
procity of service are certainly not to be condemned. And 
as between two candidates of equal merit, it would seem 
natural and proper for the person appointing to favor the 


CIVIL SERVICE REFORM. 


159 


one friendly to himself. The danger is that only personal studies 
or party interests may be considered in making appoint- C . in cs 
ments. p . 204 .’ 

2. “ Senatorial courtesy ” in confirmations. By mutual 
agreement, the confirmation of a nominee is refused by 
the Senate if the nominee is personally objectionable to 
one or both of the. Senators from his State, no matter how 
excellent his qualifications. This action is based upon the 
theory that the Senate as a whole cannot know the qualifi¬ 
cations of each nominee, that the Senators from his own 
State are most likely to know them, and that a person so 
dignified as a Senator would be influenced in his action 
only by regard for the public welfare. As a matter of fact, 
there is much truth in this. But this arrangement gives a 
Senator an immense amount of power over appointments, 
and there is strong temptation to use it for personal and 
party advantage. 

3. Political assessments. Public officers and employees 
are invited by campaign committees to make a “ voluntary 
contribution ” of a certain portion of their salaries (usually 
from two to five per cent) for the purpose of carrying on 
the campaign. The theory underlying this is, that having 
been appointed on party grounds, they should be willing 
to contribute a portion of their salaries to maintain in 
power the party to which they owe their appointment. 

4. Partisan removals. (This is the particular evil dis¬ 
cussed in Studies in Civics , p. 200.) 

Among the means proposed for remedying the evils com¬ 
plained of are the following: — 

1. Appointments based upon merit. The most promising 
device for ascertaining this merit is an examination con¬ 
ducted by an unpartisan board, and open to all citizens'of 
proper age, who can bring trustworthy testimonials of good 
character. 

2. A period of probation. During this time, say six 


160 


THE NATION . 


( 

studies months, a person’s efficiency can be further tested. Then 
Ci ^ cg if he is found competent, the appointment may be made, 
p. 204.’ 3. Promotions . By this arrangement, when a vacancy 

occurs it is filled by promotion of the person next in rank, 
and so on down, provided the person is competent. His expe¬ 
rience naturally fits him for promotion along the same line. 

4. Removal for cause only. This should prompt officers 
to merit continuance in the service by faithful attention 
to duty. 

Among the advantages which the “ merit system,” as it 
is called, possesses as over against the “ spoils system ” 
are these: — 

1. Officers feel safe in devoting time and effort to per¬ 
fecting themselves in their duties. 

2. Those in authority are not unduly troubled for ap¬ 
pointments. Both those having authority to make the 
appointments, and those supposed to have influence with 
them, are left free to perform their legitimate duties. 

3. A better moral tone is introduced into the political 
world. Dependence being placed upon merit rather than 
upon favoritism, a better class of persons present them¬ 
selves for appointment, and work with an eye single to 
the good of the service. 

4. As a consequence of the foregoing, greater economy 
in the service is secured. 

In spite of many obstacles, much has been accomplished 
by civil service reformers in England, and something is be¬ 
ing accomplished in the United States. At present some 
40,000 offices are under “ civil service rules ” in this country. 

See Eaton’s Civil Service in Great Britain, articles in 
Lalor’s Cyclopedia of Political Science, and the publica¬ 
tions of the Civil Service. Deform League, Hew York City. 

What principle seems to cover the matter of removals ? 

The appointing and the removing powers are about equal. 
That is, he who has power to appoint has power to remove. 


PRESIDENT'S MESSAGE. 


161 


Have you read the President’s last annual message? 

(The obvious reason for inserting this question is to sug¬ 
gest the propriety of reading the President’s message. The 
succeeding questions suggest some “ things to tell ” as a 
result of the reading.) 

How was the message delivered to Congress ? 

Washington and Adams read their messages to the two 
Houses in joint session. Jefferson (who could write much 
better than he could speak) introduced the practice, fol¬ 
lowed ever since, of sending the message to be read to each 
House by its reading clerk. 


What extra sessions of Congress have been called by the President ? 


President. 

Date. 

Reason. 

John Adams. 

May 15, 1797. 

Difficulties with France. 

Thomas Jefferson. 

Oct. 17, 1803. 

Louisiana Purchase, and 
troubles with Spain. 

James Madison. 

May 22, 1809. 

1 Difficulties with Eng- 

James Madison. 

May 24, 1813. 

1 land. 

Martin Van Buren. 

Sept. 4, 1837. 

Financial difficulties of 
the country. 

W. H. Harrison. 

May 31, 1841. 

For the same reason. 

Franklin Pierce. 

Aug. 21,1856. 

Kansas troubles. 

Abraham Lincoln. 

July 4, 1861. 

Rebellion in the South. 

Rutherford B. Hayes. 

Oct. 15, 1877. 

Lack of appropriation for 
army. 

Rutherford B. Hayes. 

Mar. 18, 1879. 

Lack of appropriations for 
the government. 

Grover Cleveland. 

Aug. 7, 1893. 

Financial difficulties. 


Give the number of bills vetoed by each President. 


Washington, 

2 

John Adams, 

0 

Jefferson, 

Madison, 

6 

Monroe, 

1 

J. Q. Adams, 

Jackson, 

12 • 

Van Buren, 

0 

Harrison,* 

Tyler, 

9 

Polk, 

3 

Taylor, 

Fillmore, 

0 

Pierce, 

9 

Buchanan, 

Lincoln, 

3 

Johnson, 

21 

Grant, 

Hayes, 

12 

Garfield, 

0 

Arthur, 


Cleveland (first term), 301; Harrison, 38. 


0 

0 

0 

0 

7 

43 

4 


Before 1845 no bill was passed over the President’s veto. 1 


1 See Mason’s The Veto Power (Ginn & Co., Boston), the best account in print. 


Studies 

in 

Civics, 
p. 204 . 






162 


THE NATION. 


( 


Studies 

in 

Civics, 
p. 204 . 


Has the President ever had to adjourn Congress ? 

No. 

For how long could he do it ? 

Sine die. But it would assemble regularly again on the 
succeeding “ first Monday in December.” And he might con¬ 
vene it sooner in extra session if he should deem it necessary. 

How is the British Parliament prorogued ? 

Always by royal proclamation, that is, by order of the 
sovereign. 

Where do impeachments originate? 

In the House of Representatives. — Const., I. 2 : 5. 

By whom are they tried ? 

By the Senate. — Const., I. 3 : 6. 

Who may be impeached ? 

“ The President, Vice-President, and all civil officers of 
the United States.” — Const., II. 4. 

What for ? 

“ Por treason, bribery, and other high crimes and misde¬ 
meanors.” — Const., II., 4. 

Can persons who have ceased to be officers be impeached? 

Probably not, though the question has never been settled. 
It came up in 1876 during the impeachment of ex-Secretary 
Belknap, and the uncertainty of the Senate as to its power 
in the premises was a potent reason for his acquittal. 

What is the extent of sentence ? 

(See closing words of Constitution, I. 3 : 6.) 

Was President Johnson impeached? 

Yes. To impeach is to accuse. He was impeached, but 
not convicted. 

How is an impeachment trial conducted ? What persons have been 
impeached ? 

(See Studies in Civics , pp. 331-333.) 

The questions in this last paragraph were inserted to sug¬ 
gest a method of topical review. A student may write a 
paper answering these questions, or he may make an oral 
recitation, no questions being asked. 


THE EXECUTIVE DEPARTMENT. 


163 


TABULATION. -PRESIDENT. 

I. Elected by special electors, indirectly by the people. 

II. Qualifications , — 

1. Age, 35 years at least. 

2. Citizenship, “natural-born.” 

3. Inhabitancy, of the U. S. for 14 years. 

4. Not holding any other office. 

5. Not guilty of breaking previous oath of office. 

III. Term , four years. 

TV. Removal. — 

1. Temporarily by some disability, such as insanity. 

(Const. II. 1:6.) 

2. By death. (Const. II. 1:6.) 

3. By impeachment and conviction of crime. (Const. 

II. 1:6.) 

Y. Vacancy. — 

1. Vice-President. (Const. IT. 1: 6.) 

2. Cabinet officers in certain order. (Law.) 

YI. Salary. — 

1. Constitutional provision, “shall receive a compensa¬ 

tion.” 

2. Law, $50,000 a year and certain incidentals. 

VII. Duties. — 

1. Legislative: 

(а) Messages to Congress. (Const. II. 3.) 

(б) Approval or veto of proposed laws. 

(Const. II. 3.) 

(c) Summoning Congress in extra session. 

(Const. II. 3.) 

(df) Adjourning Congress in contingency. 

(Const. II. 3.) 

2. Executive: 

(a) Enforcing the laws. (Const. II. 3.) 

( b ) Keceiving ambassadors. (Const. II. 3.) 

VIII. Powers. — 

1. Sole powers: 

(а) Commander-in-chief of army and navy. 

(б) Demanding reports from heads of departments. 

(c) Granting reprieves and pardons, except in im¬ 

peachments. 

(d) Appointment to certain “ inferior” offices. 

(e) Temporary appointment of superior officers. 

2. Shared with Senate: 

(a) Making treaties. 

(5) Appointment of public ministers, judges, etc. 


Studies 

in 

Civics, 
p. 204. 


164 


THE NATION. 


( 


Studies 

in 

Civics, 
p. 213. 


REFERENCES. 

Bryce’s American Commomoealth. 

Fiske’s Civil Government, chap, viii., sect. 3. 
Macy’s Our Government, chaps, xxiii.-xxxii. 


SECTION XIX. 

(Referring to “ Studies in CivicsChapter JJ/F.) 

By what authority was the Supreme Court established? 

By the Constitution itself, Article III., Section 1. 

By whom is it organized? 

By act of Congress. 

Why is such a court necessary ? 

For the same reasons in relation to United States laws 
that State Supreme Courts are needed in relation to State 
laws. (See Studies in Civics, pp. 99, 100.) 

How many justices constitute the Supreme Court ? Name them. 

Nine; a chief justice and eight associate justices. (See 
Studies in Civics, p. 307, and a political almanac.) 

Tell what President appointed each. 

Chief Justice Fuller by President Cleveland; Justice 
Field by President Lincoln; Justice Harlan by President 
Hayes; Justice Gray by President Arthur; Justices 
Brewer, Brown, Shiras, and Jackson by President Harri¬ 
son; and Justice White by President Cleveland. 

How many and what inferior courts has Congress established? 

(See Studies in Civics, pp. 157, 206, and 307-309. 

The next four questions can be answered by reference to 
Studies in Civics, pp. 307-309.) 

How are the officers appointed ? 

By the President, subject to confirmation by the Senate. 
(Const. II., 2: 2.) 

How long do they serve ? 

During good behavior. (Const. III. 1.) But it is pro¬ 
vided by law that, after reaching seventy years, each judge 



THE JUDICIAL DEPARTMENT 


165 


may retire, if he has served ten years, with full pay for studies 
the rest of his life. in 

Civics, 

If a person should rob the mail, in what court would he be P- 2I 3- 
tried ? 

This is an offense against the United States, and would 
therefore be tried in the U. S. court having criminal juris¬ 
diction, namely, the U. S.* District Court. 

The following sentences, passed in the U. S. District • 
Court at Winona, Minn., June 12, 1890, may be of 
interest as showing kinds of crime against the general 
government, and the nature and extent of punishments 
imposed. The report is from a newspaper, from which 
source much useful information of a similar kind may be 
had. The tabular arrangement is made for brevity and 
convenience. 


Criminal. 

Crime. 

Sentence. 

Conrad C. Miller. 

Stealing letters 
while employed 
as postal clerk. 

Eighteen months at 
hard labor in the St. 
Cloud Reformatory. 

Fred W. Smith. 

Personating P. 0. 
inspector. 

One years hard labor 
at Stillwater Peni¬ 
tentiary. 

Louis C. Kittleson. 

“ Raising ” postal 
note. 

Fined $250. 

Charles Smith. 

Selling liquor to 
Indians. 

Three months in Win¬ 
ona county jail and 
$10 fine. 

Samuel Milsteau. 

Passing counterfeit 
$5 gold coin. 

Fined $250. 

Louis Christal. 

Coining counter¬ 
feit money. 

$50 fine, and imprison¬ 
ment in Stillwater 
p e n i t e n t i a r y for 
thirteen months. 

Barney A. Wahl. 

Sending obscene 
literature thro’ 

Thirteen months of 
hard labor in Still¬ 


the mail. 

water penitenitiary. 


Tell about the Dartmouth College Case. 

(This is discussed in answer to a similar question on 
page 178 of Studies in Civics.') 








166 


THE NATION. 


( 


Studies 

in 

Civics, 
p. 213. 


If any one should be caught making cigars without a license, before 
what court would he be tried P 

Before the U. S. District Court for the State or dis¬ 
trict. 

If an American owed money to an ambassador from a foreign coun¬ 
try and declined to pay it, how could the ambassador get his pay ? 

In the U. S. Supreme Court (Const. III. 2 : 2). This 
is so arranged as a compliment to the nation repre¬ 
sented. 

If the ambassador owed the American and refused payment, how 
could the American get his pay ? 

Through the U. S. Supreme Court, if at all. (Const. 
III. 2: 2.) 

In both of these cases the Supreme Court would have 
original jurisdiction. But it is a question whether the am¬ 
bassador could be sued at all in our courts, since no process 
can be served on him. 

Would you, if our government asked you to represent it in some 
foreign country, like to be tried in a court of that country ? 

If the country were civilized, and the court not a purely 
local one, it might not be a hardship; but otherwise it 
might be. 

If a murder be committed in the District of Columbia, in what court 
is the trial held ? 

In the “ nisi prius ” court (corresponding to a district or 
circuit court) of the District, which comprises a criminal 
court, a common law court, and an equity court, each having 
two judges. 

If committed in Minnesota ? 

In the district court of the State. 

In Wyoming ? 

In the district court of the Territory. 

(This question and answer were inserted before the 
admission of Wyoming as a State.) 


THE JUDICIAL DEPARTMENT. 


167 


If a sailor should steal from a passenger when out on the ocean, Studies 
where would the case be tried, and in what court ? in 

In the U. S. District Court of the district where the ship Clv,cs » 
l j p- 2 I 3* 

lands. 

If a State other than your own should sue you, in what court would 
the case be tried ? 

In the U. S. Supreme Court. (Const. III. 2 : 2.) 

How can the United States be a party to a suit ? 

It has established a Court of Claims, in which claims 
against it may be presented in the form of suits. 

This arrangement was made for two reasons: 

1. To relieve Congress, before whom all petitions for 
claims formerly came. 

2. To afford opportunity for judicial' examination of 
claims, as in the case of a private citizen. 

Have you any knowledge of a case in which one State sued another ? 

* 

In 1846 the disputed boundary between Missouri and 
Iowa was referred by Congress to the U. S. Supreme Court. 

About 1890 a suit was started between Illinois and Iowa 
to settle a boundary question where .a bridge crosses the 
Mississippi from one to the other. 

If a merchant should buy goods of a wholesale house in another • 

State and not pay for them, how could the house get its pay ? 

It could sue him in the courts of his own State, or, if the 
amount at controversy exceeded $2,000, in the U. S. Circuit 
Court. 

How many acts of Congress have been declared unconstitutional 
by the Supreme Court P 

Only three, as follows : 

1. The Judiciary Act of 1789. This authorized the 
Supreme Court to issue certain writs. When, in 1801, 
Jefferson became President, he withheld a commission 
which had been made out near the close of Adams’s admin¬ 
istration, but not delivered. The person aggrieved made 
application to the Supreme Court for a writ of mandamus , 
to compel the Secretary of State (Madison) to deliver the 


168 


THE NATION. 


studies commission. The Court held that the act of 1789 was un- 
Civics cons ^ u ^i° na ^ i n that it gave to the Supreme Court original 
p. 214.’ jurisdiction not granted by the Constitution. See Constitu¬ 
tion III. 2 : 2, Studies in Civics , pp. 209, 210. 

2. The Missouri Compromise. Though the bill admit¬ 
ting Missouri was passed in 1820, no “ case ” involving its 
constitutionality arose until 1857. Then, in the famous 
Dred Scott decision, section eight (the Thomas amendment 
prohibiting slavery in that part of the Louisiana Purchase 
north of 36° 30') was declared unconstitutional. 

3. The Test Oath Act of 1862 and 1865. By this law all 
officers of the United States, including attorneys practicing 
in the federal courts, were required to take a test oath. 
The Supreme Court decided that, in the case of attorneys 
admitted to practice in United States courts before the war, 
this act was unconstitutional, because it was in the nature* 
of a bill of attainder and ex post facto law. 

In the last two cases, the minority of the Court made a 
report taking exceptions to the decision of the majority. 

Can a resident of Wyoming bring a suit in a United States Court ? 

Probably not. The provisions (III., 2) as to parties to 
a suit do not make mention of a resident of Territories. 
Only citizens of States are mentioned. (At the time this 
question and answer were written Wyoming was a Terri¬ 
tory. Of course, the answer to the question now is “ yes.”) 

If you lived in Montana, how could you recover money due you in 
Minnesota ? 

1. By suing in the District Court of Minnesota where 
the debtor lives. 

2. By suing in the U. S. Circuit Court in Minnesota. 

(When the question was written Montana was a Terri¬ 
tory. Then only answer No. 1 would have been right. 
The teacher might substitute Alaska for Montana in the 
preceding questions.) 


JURISDICTION OF THE COURTS. 


169 


Can a United States official be sued for acts performed in dis- Studies 
charging his duties? j n 

He is not responsible if he acts within his authority Clvlcs » 
(see Principles of Agency, Studies in Civics , p. 254), other¬ 
wise he is. 

What famous case of treason was tried in 1807 ? 

The trial of Aaron Burr at Richmond. He was ac¬ 
quitted. 

Was Jefferson Davis ever tried for treason? 

No; probably because it would have been practically im¬ 
possible to convict him in Virginia, where his trial would 
have had to be. 

If the property of a traitor is taken by the government, must it be 
restored to his heirs at his death? 

No. A fine may be imposed for minor offenses without 
being returned, and it would be absurd to suppose that a 
heavy fine or forfeiture could not be made for so grave 
a crime as treason. 

Can you commit treason against this State ? 

The preponderance of authority seems to be in the 
negative, the argument being that treason is a crime 
against sovereignty, and that sovereignty belongs, not to 
the States individually, but to the general government. 

This is the national view. 

The federal answer to the question would be Yes. 

What do you know about the John Brown case ? 

John Brown — “ Brown of Ossawattomie ”a famous 
abolitionist, having planned to free the negroes by leading 
them in arms against their masters, attempted in October, 

1859, to capture with a small band of followers the U. S. 
arsenal at Harper’s Ferry. He was captured. After be¬ 
ing tried on the charge of u inciting insurrection ” and of 
“ murder and treason,” he was convicted and executed. 


170 


THE NATION. 


studies This is sometimes given as an example of treason against 


in 

Civics, 


a State. 


P* 2I4 ' Compare III. 2 : 3 with Amendments 4 to 8, and state the rights of 
persons accused of crime. 

(This is well stated in Studies in Civics, p. 77.) 


DEBATE. 

Resolved, That all judicial officers should he appointed. 

Affirmative Arguments. 

1. This method would “take the office out of politics,” thus 
securing selection upon merit; hence superior service. 

2. It would render the bench more independent in the discharge 
of its high duties, less swayed by persons of influence; hence more 
even-handed justice. 

Negative Arguments. 

1. We have the method by election in most States, and secure 
judges equal in ability and fairness to those secured by appointment 
in other States. 

2. It is a good thing for the people to participate in the choice 
of an officer in the selection of whom all considerations except per¬ 
sonal fitness are set aside. 

3. It is good for the judge to come to the bar of public opinion 
occasionally. 

SUGGESTIONS. 

Here is the place to take a general review' of the courts and their 
functions. 

It should be impressed anew upon the pupils that we live under a 
dual government, that of the State and that of the United States, 
and that each is possessed of complete machinery for government. 
They should be reminded again that the laws of each are carried into 
effect by its own executives and that each has a complete set of 
courts to interpret its laws. And it should here be said specifically, 
for the idea seems to need reiteration, that the laws of the State are 
interpreted by the courts of the State, and those of the federal gov¬ 
ernment by the courts of the United States. 

The following tabular view may be found helpful. It may be 
placed upon the board and used as a basis of questions, to the end 
that what it stands for may be fixed: — 


JURISDICTION OF THE COURTS. 


171 


COURTS. 


I. 

Of the State. 

Life, Liberty , Property, Good Name. 

4. The Supreme Court — final ap¬ 
peal. 

3. Intermediate Courts of Appeal 
(in some States). 

2. District or Circuit Courts, Trial 
Courts, Civil and Criminal. 

1. Justice Courts, Trial Courts, 
petty cases. 

Special Courts. 

Probate Courts — estates of de¬ 
ceased. 

Municipal Courts — in cities. 

Chancery Courts, in some States — 
for suits in equity. 


II. 

Of the United States. 
National Affairs, Indians, Interstate 
Relations. 

4. Supreme Court — final appeal. 

3. Circuit Court of Appeal. 

2. Circuit Court — Civil Actions. 
(This is not exact , but suffi¬ 
ciently so for a layman.) 

1. District Courts — criminal. 

Special Courts. 

Court of Claims — pass upon claims. 
Courts — 

In the Territories. Not really 
Of District of Co- U.S. Courts, 
lumbia. 


Now may be asked such questions as these: — 

A man steals my ax; in what court can I have him punished ? 
The answer should be something like this, — My property is pro¬ 
tected by the State, so it would be tried in the State court. It is 
a petty matter, so it would be tried in the justice court. 

A man owes me fifty dollars which he refuses to pay; in what 
court shall I sue him ? This is to recover my property, so will be 
tried in a State court. The value at controversy is less than a 
hundred dollars, so it will be tried in a justice court. Answer, — 
the Justice Court of the town. 

A man steals my horse, after breaking open my barn; by what 
court will he be punished ? This is a matter involving the protec¬ 
tion of my property, so will be tried in a State court. The crime is 
a felony, so it will be tried in the district court (called variously in 
other States, circuit courts, superior courts, and courts of quarter 
sessions). Answer, — The State District Court in the county. 

A man owes me a hundred thousand dollars, which he refuses to 
pay; in what court shall the case be tried ? This is for protection 
to my property-rights, so will be tried in a State court. It exceeds 
the jurisdiction of the justice (or municipal) courts, so will be tried 
in the district court. 

A man sells liquor to Indians; by what court will he be pun¬ 
ished ? This involves relations with Indians, so will be tried in 


Studies 

in 

Civics, 
p. 214. 




172 


THE NATION. 


Studies 

in 

Civics, 
p. 214. 


a United States court. It covers a crime, so will be tried in the 
district court. Answer, — The U. S. District Court in the State. 

A man publishes a book copyrighted by me; to what court may I 
apply for redress ? This involves a law of the United States, for to 
Congress is given the power to grant copyrights; hence I shall 
bring suit in a United States Court. It will be for damages, hence 
is a civil action, and so comes before the Circuit Court. Answer, — 
The U. S. Circuit Court in the State where the defendant lives. 

It will be seen that by requiring the pupils to answer thus fully, 
they are not only fixing the facts of the relations of the courts, but 
they are also getting a good drill in reasoning. 

These questions have been asked in sequence, and probably that 
is best at first. But later the questions should be asked “ helter- 
skelter,” so that pupils may have no hint as to where the answer 
may be looked for. 

To save the teacher’s time, a few extra questions are added, and 
the answers given, without the reasoning. 

Stealing $500 from a citizen of the same State. (State District 
Court.) 

Stealing from the mails. (U. S. District Court.) 

Civil action to which a foreigner is a party. (U. S. Circuit 
Court.) 

Action to recover lost calf. (Justice Court of town.) 

Suit of New Yorker against man in Wisconsin for $5,000. (U. S. 

Circuit Court.) 

Suit of Pennsylvanian against resident of Michigan for $1,000. 
(District Court of Michigan. Though this is “between citizens of 
different States,” the sum at controversy is less than $2,000.) 

Suit of Massachusetts vs. Connecticut, to fix boundary. (U. S. 
Supreme Court.) 

Action for trespass on land, damages $50. (Justice Court of 
town.) 

These and the preceding questions might be written on slips, 
numbered, and passed to pupils for answer in order of numbers. 

REFERENCES. 

Macy’s Our Government, chaps, xix., xxi., xxii. 

Bryce's American Commonwealth. 

Fiske’s Civil Government, chap, viii., sec. 5. 

Constitutional History as seen in American Law. 


THE RELATIONS OF THE STATES. 


173 


SECTION XX. 

{Referring to “ Studies in CivicsChapter XXV .) 

If a judgment is secured against a resident of New York and he Studies 
moves to Minnesota without satisfying it, can he be held responsible in 
in Minnesota without another suit ? Civics, 

No, not exactly, because that would be virtually letting p ‘ 220, 
the judicial department of one State have jurisdiction in 
another. But if the judgment was after regular trial (that 
is, not simply by default) judgment would be granted in 
Minnesota on a properly authenticated copy of the New 
York judgment, without a re-trial. This is in accordance 
with IV. 1. 

Is a marriage ceremony performed in Illinois binding in Kansas ? 

Yes. It is binding in every State of the Union, unless 
it is of a kind forbidden in a given State. In every State 
the law specifies certain persons who cannot lawfully 
marry. It would not recognize a marriage between such 
persons, if performed within its own borders even. 

Define “ citizen of the United States.” 

A citizen of the United States is, by the Fourteenth 
Amendment, any person 

(a) Born or naturalized in the United States, and 
(i h ) Subject to the jurisdiction thereof. 

Can a person be a citizen of the United States, yet not of any 
State ? 

Yes; he may live in a Territory, or in the District of 
Columbia, or in a foreign country. 

A citizen of a State without being a citizen of the United States? 

Yes. A voter in a State is certainly a citizen of that 
State; and, in many States, a person may vote who has 
simply declared his intention to become a citizen of the 
United States. (See Studies in Civics, p. 300.) 


174 


THE NATION. 


Studies 

in 

Civics, 

p. 220. 


A few years ago Georgia imposed a tax on non-resident commer¬ 
cial travelers. Was the act constitutional? 

No; not because of its being an attempt to regulate in¬ 
terstate commerce, for it is not that; but because it con¬ 
travenes the first clause of the first section of the fourth 
article of the U. S. Constitution. 

What was the Civil Rights Bill, and why was it passed? 

The Civil Eights Bill (which became a law in April, 
1866, in spite of the president’s veto) provided in sub¬ 
stance as follows : — 

1. All persons born in the United States and not sub¬ 
ject to any foreign state (except Indians not taxed) were 
declared to be citizens of the United States, with all that 
this statute implies. 

2. Any person, who, under color of any State law, de¬ 
prived such person of any civil right secured by the act, 
was guilty of a misdemeanor. 

3. Cognizance of offenses against the act was given, not 
to the State courts, but to the U. S. courts. 

4. Officers of the U. S. courts or of the Freedmen’s Bu¬ 
reau, and certain special executive officers, were charged 
with the execution of the act. 

5. If any such officers refused to execute the act, they 
were subject to fine. 

6. Eesisting these officers was punishable by fine and 
imprisonment. 

7. This section specified the fees. 

8. The President was authorized to send officers to any 
section where offenses against the act were likely to be 
committed. 

9. The President was empowered to use such force, mili¬ 
tary or other, as was necessary in enforcing the act. 

10. An appeal might be made to the Supreme Court. 

The purpose of the bill was to secure civil rights to the 

freedmen. 


THE FUGITIVE SLAVE LAW. 


175 


To set at rest any question as to the constitutionality of studies 
the act, or, rather, to give its provisions direct and unim- C l" cs 
peachable constitutional sanction, its spirit was embodied p . 220 .’ 
in what in 1868 became the Fourteenth Amendment to the 
U. S. Constitution. This step was necessary because the 
Dred Scott Decision, which was still regarded as binding, 
declared negroes incapable of attaining citizenship. 

Can a citizen of any State claim privileges peculiar to the State 
from which he removed? 

No ; because he would then be securing privileges not 
granted by his adopted State to its own citizens. Or, in 
other words, such an interpretation of the Constitution 
would give one State authority to legislate for another, 
which would destroy local self-government. 

How is a “fugitive from justice” secured in another State? 

(See Studies in Civics, pp. 337, 338, for answers to this 
and the next two questions.) 

Name countries with which we have extradition treaties. 

The principal countries, and the dates of the treaties, 
are: Great Britain, 1842, 1870, and later; France, 1843, 

1845, and 1858; Switzerland, 1850; Russia, 1852; Aus¬ 
tria, 1856; Sweden and Norway, 1860; Mexico, 1861; 

Italy, 1868; Peru, 1870; Ecuador, 1872; Belgium and 
Ottoman Empire, 1874 ; Spain, 1877; Russia, 1893. 

Have we any with Canada? 

Yes. While Canada is indeed a province of Great 
Britain, it is actually self-governing in all matters not 
affecting imperial interests. The extradition treaty with 
Canada has recently been supplemented by the addition of 
crimes involving breach of trust. 

What were the provisions of the Fugitive Slave Law? 

There were, in fact, two fugitive slave laws, the first 
passed in 1792 and the second in 1850. 

By the first law (passed to carry out IY. 2 :3 of the Con¬ 
stitution), it was provided that the owner or his agent 


176 


THE NATION. 


studies could seize his fugitive slave, take him before a United 
Civics states Circuit or District Court, or before any magistrate 
p. 22 o.* of the county, city, or town in which the arrest should be 
made, and make proof of his ownership by oral testimony 
or by affidavit, and that the certificate thereof by the judge 
or magistrate would warrant the removal of the slave to 
the place from which he had escaped. “ Rescue, conceal¬ 
ment, or obstructing the arrest of a fugitive slave were 
offenses liable to fine of $500.” 

The great legal objection to this act was that it imposed 
upon State officials the duty of executing federal laws. 
On a question brought before the U. S. Supreme Court, it 
was held (Justice Story writing the opinion) that the 
power to legislate on this subject was exclusively vested in 
Congress, but that the duty of executing federal laws could 
not be imposed upon State officers. Chief Justice Taney 
dissented from the latter proposition, maintaining that 
the U. S. Constitution was part of the supreme law of 
every State, which the State should enforce, but could not 
abrogate or alter; and that, as by the Constitution it was 
the right of a master to seize his slave in any State, it 
was the duty of State officials to help execute a law made 
with this end in view. 

As one of the compromise measures of 1850, a more 
stringent law was passed. It is commonly known as the 
Fugitive Slave Law. 

By provision of the U. S. Constitution (IV. 2 : 3) persons 
“held to service” in any State, under the laws thereof, 
escaping into another, were to be delivered up “ on claim 
of the party to whom such service may be due.” This was 
a concession to the slave States, without which it would 
have been impossible to secure their ratification of the Con¬ 
stitution. As the people of the North came more and more 
to look upon slavery as a moral wrong, the difficulty of re¬ 
covering fugitives became greater and greater. The law of 


THE FUGITIVE SLAVE LAW. 


177 


1792 was evaded. This caused great irritation to the people studies 
of the South. Finally in 1850 was passed the famous Fu- „. in 

J r Civics, 

gitive Slave Law. The main provisions of this act were: p. 220 . 

(a) Upon escape of a fugitive slave, his owner or a duly 
authorized agent was empowered to obtain from a U. S. 
Commissioner, a U. S. Circuit or District judge, or a judge 
of a superior court in a Territory, a warrant for his appre¬ 
hension, or to make the arrest without process. 

( b ) After the arrest, the fugitive was required to be 
brought before the commissioners or court, where the claim 
of the alleged owner was summarily determined. The lat¬ 
ter had to show, by testimony or by depositions taken in 
his own State, the fact of ownership, and to make affidavit 
to the identity of the fugitive as his slave. 

(c) The commissioners or court then issued a certificate 
reciting the main facts in evidence, and authorizing the re¬ 
moval of the fugitive from the State. 

( d ) Any person aiding a fugitive in making his escape 
was subject to heavy penal fine, and was liable to suit for 
damages besides. 

( 1 e ) Citizens were required to give aid in capturing and 
returning the fugitive. 

This law was objected to by many people of the North 
because: — 

( a ) The judicial proceedings were entirely ex parte, the 
testimony of the fugitive not being received. 

( b ) The temptation to perjury on the part of the alleged 
owner, there being no sufficient precautions to prevent it. 

(c) There was no appeal. 

(d) Citizens were prohibited from doing what they re¬ 
garded as their moral duty, and were required to do what 
they considered morally wrong. 

The Personal Liberty Laws, passed by many Northern 
States, aimed at securing to the fugitive the benefit of the 
writ of habeas corpus and of trial by jury. 


178 


THE NATION. 


Studies 

in 

Civics, 

p. 220. 


Did the Articles of Confederation provide for the admission of 
new States into the Union? 

No positive provision was made; but there was one in 
negative form, thus: “ Art. XI. Canada, acceding to this 
Confederation, and joining in the measures of the United 
States, shall be admitted into and entitled to all the ad¬ 
vantages of this Union; but no other colony shall be ad¬ 
mitted into the same, unless such admission be agreed 
to by nine States.” 

Vermont made application for admission in 1781. But as 
both New York and New Hampshire claimed the territory 
of Vermont, the Congress, fearing to offend those States, 
refused the application. 

Though the Articles say nothing about the government 
of Territories, Congress exercised this implied power in 
passing the celebrated ordinance of 1787. This, by the 
way, was passed while the constitutional convention was 
in session, and may have suggested IV. 3 of the Consti¬ 
tution. 

Name the first State admitted into the Union. The last (1894). 

The first was Vermont, admitted in 1791; the last, 
Wyoming, admitted July 11, 1890. 

What Territories are now seeking admission? 

Utah, Arizona, New Mexico, and Oklahoma may be 
counted in this list, as some are urging their admission. 

How does a Territory become a State? 

The method is not entirely uniform. The method given 
in Studies in Civics , pp. 72, 73, may be taken as typical. 
(The student should be able to give the principal steps, 
thus : 1. Petition; 2. Enabling Act; 3. Forming Constitu¬ 
tion; 4. Submission to people; 5. Submission to Congress; 
6. Act of admission.) 

What are the advantages of becoming a State? 

1. Self-government within the State. A Territory is not 
self-governing. Both in . the making of its laws and the 


ADMISSION OF NEW STATES. 


179 


selection of its officers it is subject to Congress. So, far studies 
does this power of Congress extend, that it may totally set c . ln 
aside the acts of territorial Legislatures; it may wholly p . 220 
change the method of governing the Territory, not even 
granting it a Legislature at all. In this connection wit¬ 
ness the dealings with Utah, in the effort to stamp out the 
longer-lived of the “ twin relics of barbarism,’’ polygamy. 

2. Participation in the Federal Government. A Ter¬ 
ritory has nothing to say in the selection of the officers 
of general government, or in the administration of its 
affairs. 

It is interesting, by the way, to compare the method by 
w r hich we govern our Territories with that by which Eng¬ 
land governed the colonies. They are almost identical — 
necessarily so. A great distinction, however, not to be for¬ 
gotten, is that our method looks forward to the time when 
each Territory shall attain self-government and a place in 
the galaxy of States. 

Is Congress bound to admit new States? 

No; the words of the Constitution are (IV. 3: 1) “New 
States may be admitted by Congress into this Union.” 

Can Congress compel a Territory to become a State? 

Probably not. But this question has never been judi¬ 
cially decided, because the advantages of being a State are 
so great as to have rendered them above refusal by a 
Territory. 

The student should discover as the basis of these an¬ 
swers something like the contract principle in partner¬ 
ship. 

Can it compel a State to remain a State? 

No. If a State desires to renounce its right to self-gov¬ 
ernment it may do so. The Territory, however, belongs 
still to the United States. There is no constitutional way 


180 


THE NATION. 


studies for a State to withdraw from the Union. It can only re- 
in vert to its condition as a Territory. 

Civics, 

p. 221. is there such a thing in our system as a State out of the Union? 

No. If it succeeds by force of arms in withdrawing, it 
may form such government as it pleases, but can have no 
organic relation to the United States. If, in its appeal to 
arms, it fails, it is, as Brownson says, “ not in the Union, 
but under it.” 

What does a citizen of the United States lose by moving into a 
Territory ? 

1. The privilege of expressing a choice in the selection 
of public officers, except the minor ones of the Territory. 

2. The use of the U. S. courts such as he would have if 
he lived in a State. 

He leaves behind him, not his civil rights, but some of 
his political privileges. 

Does the Constitution define “republican government”? 

No; it was assumed that the meaning of the term is well 
understood. And the general government was probably to 
be considered the model. 

Is any particular department charged with the duty of guarantee¬ 
ing to each State a republican form of government? 

No. In this sole instance a duty was imposed upon the 
general government without the responsible department be¬ 
ing mentioned. But as the legislative department (Con¬ 
gress and the President), on admitting a State to the Union, 
scrutinizes the form of its government, it may be inferred 
that it has the authority to see that the proper form is 
preserved. 

When did the general government protect a State against inva¬ 
sion? 

In a genera] sense it is doing this for each State all the 
time. To repel invasion it furnished men and means in the 
War of 1812, for instance. 


AMENDMENTS TO THE CONSTITUTION. 


181 * 


Against domestic violence? 

During the “ reconstruction period ” following the Civil 
War. 

Have any States been admitted to the Union more than once? 

Yes; those that seceded in 1861 were re-admitted as 
States later. 

(The students should have their attention directed to 
page 358 of Studies in Civics , where is given the first law 
re-admitting a State, that regarding Tennessee.) 


SECTION XXI. 

(Referring to “ Studies in CivicsChapter XJFI.) 

State four ways in which the Constitution may be amended. 

1. Proposal by Congress, ratification by State conven¬ 
tions. 

2. Proposal by Congress, ratification by State Legis¬ 
latures. 

3. Proposal by national convention, ratification by State 
convention. 

4. Proposal by national convention, ratification by State 
Legislatures. 

It is to be noticed that proposal is by a two-thirds vote 
in Congress, or by application of two-thirds of the State 
Legislatures; and that ratification is by a three-fourths vote. 

What temporary limitation on the power to amend? 

The provision in the ninth section of the first article 
relative to the importation of slaves and to the imposition 
of direct taxes. 

What permanent prohibition? 

That provision giving each State two senators. Of 
course, no State would ever “ consent ” to be “ deprived of 
its equal suffrage in the Senate.” 


Studies 

in 

Civics, 

p. 221. 


Studies 

in 

Civics, 
p. 223. 



182 


THE NATION. 


Studies 

in 

Civics, 
p. 223. 


How is the English Constitution amended? 

The English Constitution is unwritten, and is composed 
of law and precedent. It can therefore be amended by 
Parliament; but Parliament is strongly controlled by pub¬ 
lic opinion, which in England is steadily conservative. 

Sir Erskine May, in his Constitutional History of Eng¬ 
land , pays the following tribute to this system: “Not a 
measure has been forced upon Parliament which the calm 
judgment of a later time has not since approved; not an 
agitation has failed which posterity has not condemned.” 

In what case must Congress call a convention to propose amend¬ 
ments ? 

When requested to do so by the Legislatures of two- 
thirds of the States. 

Must this convention propose amendments? 

It is not bound to do so; but it is hardly conceivable 
how, under the presumably imperative conditions necessary 
to call it into existence, it would do otherwise. 

Which is the better way of proposing amendments? 

Under ordinary circumstances, proposal by Congress, be¬ 
cause more economical, that body being already assembled 
anyway. And the intelligence and integrity of its mem¬ 
bers is at least equal to the similar qualities to be expected 
in any other body. 

The reason for inserting the second method was to make 
it impossible for Congress to stand across the path of de¬ 
sired amendment. 

Does a joint resolution proposing an amendment need the ap¬ 
proval of the President ? 

No ; for at least three reasons, to wit: — 

1. This resolution is not intended to have the force of 
law. 

2. It is to be passed upon by the several States, either 
through their Legislatures or by special conventions. 

3. Being passed originally by a two-thirds vote, it would 


AMENDMENTS TO THE CONSTITUTION. 


183 


be only a waste of time to present it to the President, 
because, if he should veto it, the two-thirds vote (each mem¬ 
ber being likely to vote as before) would override his veto. 

In a case involving the Eleventh Amendment, the Su¬ 
preme Court decided that the approval of the President 
was unnecessary. 

Can a State withdraw its ratification of an amendment? 

No. If it could, there would be no stability. An amend¬ 
ment is part of the Constitution as fully as any of the ori¬ 
ginal provisions — indeed, we may say more fully, because 
an amendment supersedes any original provision with 
which it comes in conflict. As a State cannot legally 
withdraw its ratification of the original Constitution (that 
is, withdraw from the Union), neither can it withdraw its 
ratification of an amendment. 

The Legislatures of New Jersey and Ohio, after ratifying 
the Fourteenth Amendment, voted to withdraw the ratifica¬ 
tion. Mr. Seward, Secretary of State, in making the offi¬ 
cial announcement, said that, “if the resolutions of the 
Legislatures of New Jersey and Ohio, ratifying the afore¬ 
said amendment, are to be deemed as remaining of full 
force and effect,” the amendment was carried by a vote of 
30 of the 37 States, and that it was consequently a part 
of the Constitution. The next day Congress ordered the 
Secretary to make the announcement unconditionally, thus 
deciding that a State cannot withdraw its ratification. 

When is an amendment, once proposed, dead? 

The answer, a corollary of the preceding one, is Never. 
No time is specified within which a State must ratify, and 
there is no authority to withdraw an amendment which 
has once been submitted to the States. And if a State re¬ 
ject the amendment many times and then ratify it, the 
ratification counts, any future action to the contrary not¬ 
withstanding. 


Studies 

in 

Civics, 
p. 223. 


184 


THE NATION. 


Studies 

in 

Civics, 
p. 223. 


Did it take three-fourths of all the States to ratify the Thirteenth 
Amendment ? 

Loosely speaking, no; only three-fonrtlis of the loyal 
States. Strictly speaking, however, this was three-fourths 
of all the States, those that seceded not having been re¬ 
stored yet to statehood. 

But there need be no question about the validity of the 
amendment; for it was finally ratified by more than three- 
fourths of all the States, counting in the restored ones. 

How many of the disloyal States finally ratified it? 

“ It was rejected by Delaware and Kentucky, the only 
States in which slavery was still nominally legal, was not 
acted upon by Texas, was conditionally ratified by Alabama 
and Mississippi, and was ratified by all the other States, 31 
out of 36, a three-fourths vote. 1 Delaware and Kentucky 
were “ legal ” States, and, therefore, the Emancipation 
Proclamation did not free their slaves. They were averse 
to having action taken that would take away their “ prop¬ 
erty/’ The answer to the question is “ Eight, or all but 
three.” 

How is the ratification of an amendment made known? 

By act of Congress, passed in 1818, it was made the duty 
of the Secretary of State, on receiving official notice from 
the required number of States that the amendment had 
been ratified by them, to publish the amendment with his 
certificate that, having been duly ratified, it is a part of the 
Constitution. 

1 Lalor’s Cyclopedia of Political Science, vol. ii., p. G08. 


PR IOIi DEBTS AND ENG A GEM ENTS. 


185 


SECTION XXII. 

(Referring to “ Studies in CivicsChapters XXVII., XXVIII .) 

What is the law of nations regarding payment of debts in chan- Studies 
ging the form of government? in 

The country is the same, whatever the form of govern- Civ 2 1 2 c 6 s ’ 
ment; and it is understood that the country’s debts are to 
be paid, whatever changes may occur in the form of the 
government. But it is common for the new government 
to assume definitely, as in this case, the burden of pay¬ 
ment. 

If England should become a republic, would the rule apply? 

Certainly. 

Does it apply when a Territory becomes a State? 

Yes. By examining a number of State constitutions, it 
will be seen how universal is the practice of inserting just 
such a provision as that in YI. 1 of the U. S. Constitution. 

Were the debts of the Confederation paid? How? 

Yes. At the suggestion of Alexander Hamilton, Secre¬ 
tary of the Treasury, a law was passed in 1790 providing 
for the payment in full of the debts of the Confederation, 
both foreign and domestic, and the debts of the States. 

The money was raised by duties on imports and internal 
revenue, such as tax on the manufacture of whisky, etc. 

What was the amount of the debt? 

In all forms it amounted to about $250,000,000. See 
Lalor’s Cyclopedia of Political Science , vol. i., p. 725 et seq . 

What is the value of the notes and bonds of the ** Confederate 
States of America”? Why? 

They have no value except as curiosities, because by the 
Eourteenth Amendment payment of them by State or nation 
is forbidden. 


186 


THE NATION. 


Studies 

in 

Civics, 
p. 226. 


Which is sovereign, the nation or the individual States? 

Both, each within its own limits, may be said to be 
sovereign. 

The general government is intrusted by the people with 
certain powers which mark sovereignty, — such as the 
power to make treaties with foreign nations, to coin money, 
to raise and maintain armies and navies, — and these pow¬ 
ers are, for good reasons, denied to the States. The States 
are prohibited from making certain laws except with the 
consent of the general government. The federal Constitu¬ 
tion, and the laws of Congress made in accordance there¬ 
with, are the supreme law of the land, State constitutions 
or laws to the contrary notwithstanding. These constitu¬ 
tional provisions (and others) indicate that, in the strict 
sense of the word, the general government is sovereign. 
And “ State sovereignty/’ in the old sense, received its 
death-blow in the late civil war. 

But so bitter was that conflict, so costly was the lesson 
of national unity, that we are now in danger of forgetting, 
or ignoring, the very important fact, that, “ Except for the 
powers granted to the federal government, each State is 
in all things supreme, not by grace, but by right.” 1 The 
Constitution was made by delegates representing States, it 
was ratified by the people of the several States, it can be 
amended only by the States, and many other precautions 
are taken to preserve the integrity and dignity and (within 
their sphere) the sovereignty of the several. States. 

It is just as important that we remember and preserve 
the real “ rights ” of the States, as that we maintain the 
vigor and power of the general government. 

To quote from John Fiske’s admirable lecture on “ The 
Federal Union” (in American Political Ideas, pp. 92, 93) : 
“ Without the Town-Meeting, or its equivalent in some 
form or other, the Federal Union would become ipso facto 

1 Bancroft’s History of the Constitution. 


STATE AND NATIONAL SOVEREIGNTY. 


187 


converted into a centralizing imperial government. Should studies 
anything of this sort ever happen — should American towns Ci ^ cs 
ever come to be ruled by prefects appointed at Washington, p . 226 .’ 
and should American States ever become like the adminis¬ 
trative departments of France, or even like the counties of 
England at the present day — then the time will have come 
when men may safely predict the break-up of the American 
political system, by reason of its overgrown dimensions and 
the diversity of interests between its parts. . . . The du¬ 
rableness of this federal union lies in its flexibility. . . . 

It is in this complete independence that is preserved by 
every State, in all matters save those in which the federal 
principle itself is concerned, that we find the surest guar¬ 
anty of the permanence of the American political system.” 

And the historian Bancroft beautifully says in his His¬ 
tory of the Constitution of the United States (pp. 448, 449) : 

“ Toward foreign powers the country has no seam in 
its garment; it exists in absolute unity as a nation, with 
full and undisputed national resources. At home it is 1 a 
union/ or ‘one out of many;’ within its own sphere su¬ 
preme and self-supporting. . . . The Union without self- 
existent States is a harp without strings. The States 
without union are as chords that are unstrung. But for 
State rights the Union would perish from the paralysis of 
its limbs. The States, as they gave life to the Union, are 
necessary to the continuance of that life. Within their 
own limits they are the guardians of industry, of property, 
of personal rights, and of liberty. But State rights are to 
be defended inside the Union; not from an outside citadel 
from which the Union may be struck at or defied. The 
States and the United States are not antagonists; the 
States in union form the federal republic; and the system 
can have life and health and strength and beauty only by 
their harmonious action. In short, the Constitution knows 
nothing of the United States alone or the States alone; it 


188 


THE NATION. 


studies adjusts the parts harmoniously in organized unity. Impair 
Civics ^0 relations or the vigor of any part, and disease enters 
p. 226 .* into the veins of the whole. That there may be life in the 
whole, there must be healthy life in every part. The 
United States are the States in the Union; these are so 
inwrought into the Constitution that the one cannot perish 
without the other.” 

Where else are there any provisions which teach the same thing? 

This “ same thing ” is the sovereignty of the nation. 
Provisions showing this are: The enacting clause, Article 
I., section 8 , clauses 3, 4, 5, 7, 11, 12, 13, 15, and 16 ; sec¬ 
tion 10, clauses 1 and 2; Article II., section 2, clause 2; 
Article III., section 2; Article IV., section 1; section 3, 
clause 1; section 4; Article VI., sections 2 and 3. 

At this point a question should have been asked like 
this : Point out provisions which recognize the sovereignty 
and integrity of the States. 

The provisions (which should, of course, be looked up 
and read) are as follows: Article I., section 2, last part of 
clause 1, which recognizes the right of the State to say who 
may vote therein, even for congressmen; clause 3 , the 
proviso securing to each State “at least one representa¬ 
tive ; ” clause 4, giving the State authority to call elections 
to fill vacancies; section 3, clause 1 , the Senators represent¬ 
ing the States as such; section 4, clause 1, last provision, 
which limits the authority of Congress; section 8 , clause 
16, latter half; section 10 , in a sense, because it recognizes 
that but for these prohibitions the States could do these 
things; Article II., section 1, clauses 2 and 3, which show 
that it was intended to give the election of the President to 
the States as such; Article IV., section 3, clause 1; section 
4, which recognizes the State as capable of preserving peace 
within its borders, except on rare occasions, and then as 
having alone the right to invite interference; Articles V. 
and VII., which recognize the States alone as having au- 


TREATIES — NULLIFICATION. 

thority to amend the Constitution; Amendments II., X., 
and XI. 

Why should judges be especially mentioned in VI. 2? 

Because they are the persons who pass upon the consti¬ 
tutionality of laws. 

What department of the government makes treaties? 

The executive department (the President), “ by and with 
the advice and consent of the Senate.” (II., 2 : 2.) 

Are they binding upon the other departments? 

Yes. “ If a treaty be the law of the land, it is as much 
obligatory upon Congress as upon any other branch of the 
government, or upon the people at large, so long as it con¬ 
tinues in force and unrepealed.” 1 

Of course there is no question about the executive de¬ 
partment itself being bound. And, as the judicial depart¬ 
ment is bound to administer the law as it finds it, and as 
treaties are specially enumerated as part of “ the supreme 
law of the land,” the judicial department is bound by 
treaties. Hence all departments are bound by them. 

Are they binding upon the several States? 

Yes. The words are explicit — “ the supreme law of the 
land, . . . anything in the constitution or laws of any State 
to the contrary notwithstanding.” 

Can a State nullify an act of Congress? 

No. This question is now regarded as settled beyond 
controversy. 

Has any State ever tried to do so? 

Yes. When the Constitution was first adopted the na¬ 
tional idea was weak. Patriotism was devoted to a man’s 
State, not to the United States. Affection for, and confi¬ 
dence and pride in, the Union, have been of slow but steady 
growth. 

Among the movements looking toward a negative of the 


189 

Studies 

in 

Civics, 
p. 226. 


1 Kent'8 Commentaries, vol. i., p. 256. 


190 


THE NATION. 


studies acts of Congress on the part of States, or groups of States, 
in may be mentioned the following: — 
p. 226 . The Kentucky and Virginia Resolutions of 1798 and 

1799. 

These resolutions, whicii were formulated by Jefferson 
and Madison alone, respectively, were provoked by, and 
directed against, the Alien and Sedition Laws passed in 
John Adams’s administration. Their principal provisions 
were that the general government was created by compact 
of the several States; that it possessed only specifically 
enumerated powers; that “ it was not made the final judge 
of the extent of the powers delegated to it; ” and “ that, as 
in all other cases of compact among parties having no com¬ 
mon judge, each party has an equal right to judge for itself, 
as well of the infractions as of the mode and measure of 
redress.” 1 

In the resolutions both of Kentucky and Virginia, the 
Alien Law and the Sedition Law are declared unconstitu¬ 
tional and therefore void. Both invited the co-operation of 
other States. 

2. The Hartford Convention of 1814-15. 

The war of 1812 and the Embargo Acts had been terribly 
destructive of New England interests. A convention of 
representatives from the New England States was held in 
Hartford, Conn., beginning December 15, 1814. On the 
4th of January, 1815, a series of resolutions was passed, of 
which the first ran thus : — 

Resolved , That it be and is hereby recommended to the Legislatures 
of the several States in this Convention, to adopt all such measures 
as may be necessary effectually to protect the citizens of said States 
from the operation and effects of all acts which have been or may be 
passed by the Congress of the United States, which shall contain pro¬ 
visions subjecting the militia or other citizens to forcible drafts, con¬ 
scriptions, or impressments not authorized by the Constitution of the 
United States.” 


Kentucky Resolution of 1798. 


NULLIFICATION. 


191 


It should be noted in this connection, that these resolu- studies 
tions were passed by a convention of private citizens, not C . 1 ? c 
by the Legislatures of the New England States. But the p . 226 .’ 
convention was authorized by the Legislatures of Massachu¬ 
setts, Connecticut, and Rhode Island. 

3. Nullification Ordinance of 1832. 

, In 1828 an act of Congress imposing “ protective ” duties 
on imports had been passed. This act was claimed to be 
“ one-sided and adverse to the interests of the Southern 
States.” This tariff legislation brought up again the ques¬ 
tion whether a State could negative an act of Congress. 
During the discussion occurred (January, 1830) the famous 
debate between Senator Hayne of South Carolina and Sen¬ 
ator Daniel Webster of Massachusetts. In November, 

1832, a convention which assembled at the capital of South 
Carolina passed an ordinance in the name of the State, de¬ 
claring the tariff legislation “ null and void, and no law, nor 
binding on this State, its officers, or citizens ; ” that no ap¬ 
peal to the Supreme Court of the United States against the 
validity of the ordinance would be permitted; that an at¬ 
tempt to appeal would be considered and treated as “ con¬ 
tempt ” of the State court; that all officers and jurors of 
the State should obey the ordinance, and all legislative acts 
made to keep it in force; that if the general government 
attempted to enforce the tariff legislation in South Carolina, 
such attempt would justify said State in withdrawing from 
the Union. 

4. Personal Liberty Laws. 

So deep was the feeling against the Fugitive Slave Law 
of 1850 (for a discussion of which see p. 177), that in Ver¬ 
mont, Rhode Island, Connecticut, Maine, Massachusetts, 
Michigan, Wisconsin, Kansas, Ohio, and Pennsylvania, 
laws were passed which came to be known as Personal 
Liberty Laws. In general they provided: — 


192 


THE NATION. 


Studies 

in 

Civics, 
p. 226. 


(a) That the State jails should not be used for the deten¬ 
tion of fugitives. 

(i b ) That State officers should be appointed to act as 
counsel for alleged fugitives. 

(c) That alleged fugitives should have the benefit of the 
writ of habeas corpus, and of trial by jury. 

( d ) That the identity of the fugitive should be proved 
by two witnesses. 

( e ) That State officers and judges should not lend any 
assistance, by issuing writs or otherwise, to the claimant. 

(/) That any person seizing a free person or represent¬ 
ing him as a slave should be heavily fined. 

“ These were the unconstitutional results of the uncon¬ 
stitutional fugitive slave law.” 1 

5. The Secession Ordinances of 1861. 

Why are State officers bound to support the U. S. Constitution? 

Because it is the “ supreme law of the land.” This 
provision was intended to impress upon State officers their 
direct obligation in regard to the federal Constitution and 
laws. 

Is the requirement to take the oath a religious test? 

No; because a person may “ affirm ” instead of swearing. 

Why is the choice of oath or affirmation given? 

That it may not be a religious test. 

What was the “ iron-clad oath”? 

It was an oath prescribed by Congress on the second of 
July, 1862, requiring all persons elected or appointed to 
any office under the general government to declare that he 
had never taken up arms against the United States, or aided 
its enemies; and that he had neither sought nor held office 
under any pretended government hostile to the United 
States. Of course, the “pretended government” referred 


1 Alexander Johnston in Lalor’s Cyclopedia , iii., 163. 


RATIFICATION OF THE CONSTITUTION. 


193 


to was that of the Confederate States. (See Congressional 
Globe for July, 1862.) 

Would the ratification of the Constitution by nine States have 
made it binding upon the other four? 

No; it would have established the Constitution simply 
“ between the States so ratifying the same.” 

By what right was the Constitution adopted without the consent 
of North Carolina and Rhode Island? 

By the right of revolution. This was, in fact, a bloodless 
revolution. That is, in accordance with the principle enun¬ 
ciated in the Declaration of Independence, the people in¬ 
stituted u a new government, laying its foundations in such 
principles, and organizing its powers in such form, as to 
them ” seemed “ most likely to effect their safety and 
happiness.” 

The Articles of Confederation had required the consent 
of all the States before becoming operative. The consent 
of the last State, Maryland, had not been obtained until 
1781, five years after the framing of the Articles. Fear of 
a similar delay in the adoption of the Constitution, if unan¬ 
imous consent were required, prompted the provision for 
adoption by nine States. Delay was too much fraught with 
danger to be contemplated. 

If these two States had refused to sign the Constitution, what 
would have been their relation to the Union? 

They would probably have been treated as foreign States, 
but with a view of coercing them into ratification. In fact, 
in July, 1789, by an act of Congress, a duty of fifty cents 
per ton was imposed on foreign imports. Two months 
later, the law was temporarily suspended as to Rhode 
Island and North Carolina. In November, 1789, North 
Carolina gave the desired assent. Further pressure was 
brought to bear upon Rhode Island, by way of showing her 
that she would be better off in the Union; and she ratified 
in May. 


Studies 

in 

Civics, 
p. 226. 


194 


THE NATION . 


studies Some authorities maintain that these States, had they 
Civics P ers i s ^ e( ^ i n refusing to ratify, would have been “ kept in 
p. 226.’ the Union,” and treated as Territories. 

No one can say with certainty. Happily the matter was 
not brought to- an issue. 


SECTION XXIII. 

(Referring to “ Studies in CivicsChapter XXIX.) 

Studies What is the general purpose of the first ten amendments? 

Civics prefect personal liberty. They constitute a sort of 

p . 236.’ Bill of Rights. 

Do they restrict the general government, or the State governments, 
or both? 

The first one begins, “ Congress shall make no law; ” and 
it would seem by reading the others in connection with the 
first that they also refer to action by the general govern¬ 
ment only. And it was of the general government that the 
people were afraid, rather than of the State governments. 
In State constitutions provisions like these are inserted, 
limiting the State authorities; so the makers of State con¬ 
stitutions seem to think that these ten amendments restrict 
only the Federal government. Finally, this is the decision 
of the U. S. Supreme Court. 

When and how were these amendments proposed ? How ratified ? 

At the first session of Congress seventeen amendments 
were proposed by the House of Representatives. To twelve 
of these the Senate agreed. Of these the ten standing first 
among the amendments were ratified by the States. 

What three limitations to the power of amendment does the Con¬ 
stitution contain ? 

1 and 2. A limitation forbidding temporarily the amend¬ 
ment of clauses one and four of section 9 of Article 1. 

3. One permanently forbidding the amendment of clause 



FREEDOM OF SPEECH. 


195 


one of section 3 of the first Article, in any manner that studies 
should give one State more senators than another. This in 

Civics, 

clause could be amended so as to make the number of sen- p . 236 . 
ators from each State more or less than two , but the number 
would have to be the same for each . 

Is there any “established” church in the United States? Why? 

No. Because, in the first place, a great number of the 
people had come to the colonies to escape religious perse¬ 
cution consequent upon the existence of state churches. 

And, in the second place, there were so many different 
denominations of nearly equal strength that no one church 
could have been agreed upon. 

It is not at all because, as a people, we are indifferent to 
religious matters ; but we believe that experience has shown 
the necessity of keeping church and state apart. We wish 
our state to be godly, but we will not tolerate interference 
by the state with personal conviction in religion. 

The separation of church and state began with Virginia 
and Maryland in colonial times. The New England States 
were the last to act, Massachusetts not taking the final step 
until 1833. 

Can a person say what he pleases? 

Yes; so long as he does not interfere thereby with the 
rights of another person. 

May he publish his opinions? 

Yes ; subject to the same limitations. 

What is “slander”? “Libel”? 

Slander is malicious defamation of a person by word 
of mouth. When the defamation is by printed words or 
drawings, it is called libel. The essential elements of 
slander and libel are hurtfulness and malice. A person 
may not tell even a hurtful truth about another except for 
a justifiable reason. 


196 


THE NATION. 


Studies 

in 

Civics, 
p. 236. 


Why are these two questions asked here? 

Because they are limitations upon the freedom of speech 
and of the press referred to in the two preceding questions. 

Petition whom? 

Petition anybody having power to grant the thing 
desired. Here “ the government ” is particularly men¬ 
tioned, meaning, of course, the United States government. 

What is the good of petitioning? 

By means of the petition the desires of many persons 
may be made known, and they can be expressed with more 
impressiveness than if each acted alone. 

What petitions have you known of? 

(Early in the Studies in Civics are petitions to the county 
board for the establishment of school districts, towns, vil¬ 
lages, roads, etc. And students may have seen or heard of 
petitions to the Legislature for some desired thing; to the 
governor for commutation of a sentence or for the appoint¬ 
ment of a certain person to office; a memorial to Congress 
for an appropriation; a petition from students to the school 
authorities, etc.) 

Can soldiers in the regular army petition? 

Probably not: — 

“ Theirs not to reason why ; 

Theirs but to do and — die.” 

The prime quality of a good soldier is prompt, exact, un¬ 
questioning obedience. Petitioning, one of the prerogatives 
of independent freemen , would seem to be out of place in 
the army. It might lead to insubordination. 

Has the right of petition ever been denied in this country? 

Yes; virtually so. Eor a while, just before the Civil 
War, when the slavery question was being agitated very 
vigorously, a host of petitions poured in upon Congress on 
this question. So much time was consumed, and so much 
bad feeling was engendered, by these petitions, that Congress 


RIGHT TO BEAR ARMS. 


197 


resolved not to receive any more petitions on that subject. 
And for a time none were received. But the constitution¬ 
ality of declining them being brought up by an anti-slavery 
member, the prohibition was removed. 

Wherein is a standing army dangerous to liberty? 

(See Studies in Civics , p. 161; also Lieber’s Civil Liberty 
and Self-Government , pp. 114-116.) 

Is this true of a navy? 

No. (See same references.) 

How is a “well-regulated militia” a check upon usurpation? 

1. Indirectly. The fact of there being a well-disciplined 
militia makes it unnecessary to have a large standing army. 

2. Directly. This body of militia, being “of the people, : ” 
having all their ambitions in civil lines, would sympathize 
with popular desires and oppose those of a usurper. And 
their discipline makes them formidable as opponents. 

Does Amendment II. authorize you to carry a revolver? 

Yes; and to own and carry, or keep in the house, one or 
more rifles, guns, or other weapons. 

To carry it in your pocket? 

No: it does not authorize the carrying of concealed 
weapons except by officers. If the weapon is carried 
openly, one will be unlikely to have cause to quarrel, 
because it is seen that he is armed. If the weapon is con¬ 
cealed, it might be used in an ordinary squabble. For 
public safety, therefore, the carrying of concealed weapons 
is forbidden. It is thus seen that all reasonable latitude 
is allowed. And the government intends that it shall be 
unnecessary to carry on private war. 

In many countries the people cannot possess any weapon 
such as a gun. This is because the government is afraid 
of its own people. But, to use the immortal words of 
Lincoln, this government is “ of the people, by the people, 
and for the people.” 


Studies 

in 

Civics, 
p. 236. 


198 


THE NATION. 


Studies 
in 

Civics, 
p. 236. 

to the civil power. 

3. Giving his assent for quartering large bodies of troops 
among us. 

4. He is, at this time, transporting large armies, etc. 

What are the objections to quartering soldiers in private houses? 

Among the objections may be mentioned the following: — 

1. It is unfair financially to the householder. 

2. It is disagreeable to him, because 

(a) It crowds the house. 

( b ) It overworks the housekeeper. 

(c) The soldiers are very likely to be overbearing. 

(d) The regular home ways are disturbed. 

3. It violates the principle that a man’s house is his 
castle. 

(See also page 229 of Studies in Civics , and Lieber’s 
Civil Liberty , p. 113.) 

Does the amendment protect tenants? 

Yes ; “ owner ” here includes the occupant for the time 
being. 

Why the exception in the amendment? 

Because in time of war it may be necessary to use more 
than the ordinary modes of sheltering the soldiers. But 
even then no arbitrary methods are to be used. 

What mention of quartering soldiers in the Declaration of Inde¬ 
pendence ? 

This is given above. 

Get and read a warrant of arrest. A search warrant. 

(The forms are given in Studies in Civics , pp. 284, 286.) 

It should be noticed that the warrant recites the essence 
of the complaint as a reason for the arrest, and that material 
witnesses are ordered to be summoned. 


What mention of army in the Declaration of Independence? 
Armies are mentioned as follows: — 

1. He has kept among us . . . standing armies, etc. 

2. He has affected to render the military . . . superior 


ABBITBABY ABBESTS. 


199 


In the search warrant it is to be noticed that, after a 
recital of the reasons for issuing it, it is required that par¬ 
ticular things be searched in certain described places. No 
general warrant is permitted to be issued. 

Has a warrant always been necessary for arrest? 

No; nor is it required in all countries to-day. The fol¬ 
lowing “ clipping ” from the St. Paul (Minn.) Pioneer Press 
will illustrate several things : — 

“ The father of the teller of one of our city banks once had an ex¬ 
perience which will not soon die out as a family tradition. It was 
back a few decades ago. Orsini had made an attempt on the life of 
Napoleon III., and every endeavor was used to apprehend the assas¬ 
sin. One day this resident of St. Paul, who was a naturalized Amer¬ 
ican citizen, was walking along the streets of Geneva, when a cjen- 
d'arme clapped his hand on his shoulder, and without more ado he 
was whirled away to prison. For weeks he lay in a dungeon without 
any charge being presented to him, and cut off from the world as if 
entombed alive. At last he succeeded in getting word to the Amer¬ 
ican consul, and, after much solicitation and threatening, the 
American was released. He at once hastened back to the land 
where a habeas corpus prevents such arbitrary action.” 

This quotation illustrates the use of and necessity for 
the warrant, for the writ of habeas corpus, and for a con¬ 
sul. It also illustrates the point made elsewhere in this 
volume, that the teacher should read the newspapers and 
cull scraps therefrom. 

Are arbitrary arrests, etc., permitted in civilized countries to-day? 

Yes; in many of them, as is shown above. 

What is a capital crime ? 

One punishable by death. 

An infamous crime ? 

From the fact that the term is coupled with capital of¬ 
fenses, and from the further fact that minor offenses are 
daily punished in justice courts without the action of a 
grand jury, it would seem that the term is meant to be 
synonymous with “ serious offenses,” those lying outside 


Studies 

in 

Civics, 
p. 236. 


200 


THE NATION. 


Studies the jurisdiction of a justice of the peace. In a recent de- 
Civics C ^ s ^ 0n U. S. Supreme Court, an “ infamous crime ” 

p. 236 .’ was held to be one punishable by imprisonment at hard 
labor for a number of years. 

What is a presentment P An indictment P 

These terms are explained on page 62 of the Studies in 
Civics. 

They are frequently used as synonyms, and are probably 
so used in this place. 

What is a grand jury? 

(This is answered in Studies in Civics , page 61.) 

How do the proceedings of a grand jury compare with those of a 
pe.tit jury? 

1. The work of the grand jury is to investigate; that of 
the petit jury to try and determine the facts. 

2. The obtaining of data is done secretly by the grand 
jury ; openly , in court, by the petit jury. 

3. The grand jury has to do with criminal cases only; 
the petit jury with both civil and criminal actions. 

Both juries deliberate in secret. 

Why the differences ? 

Both investigation (for the purpose of bringing wrong 
doing to light) and determination (of the facts in the case) 
have to be performed. One jury could not do both. For 
if the jury brought the accusation, the accused would have 
to be, in its sight, condemned already. Hence the difference 
in work. 

2. The grand jury investigates secretly, because — ( a ) If 
the suspected person is innocent, the investigation would 
do him an unnecessary harm by questioning his fair name. 
(b) If guilty, he would, unless previously arrested, be there¬ 
by warned to escape. 

The petit jury tries openly, because — ( a ) The accused is 
in this way more likely to be fairly tried. Secret tribunals 
are now condemned in all civilized countries, (b) The 
public trial serves as a public educator. 


BIGHTS OF ACCUSED PEE SONS. 


201 


3 . There is no need of a grand jury in a civil action, the studies 
complaint being made by the person aggrieved. c ^cs 

Why the exception in the amendment ? P- 2 3 6 - 

Because the persons referred to are under military in¬ 
stead of civil law; and military law is of necessity more 
peremptory. The soldier and the citizen live under differ¬ 
ent regimes. The former must submit to conditions im¬ 
posed by actual or possible war; the latter is under those 
of peace. The former is an abnormal condition, hence 
the exception. 

Can a convicted person ask for a new trial? 

Yes; but it cannot be imposed upon him. 

Under what conditions can a person be tried again ? 

1. Upon his own application (through his attorney) on 
the ground that the trial was not properly conducted. 

2. Upon his application, on the ground that he has dis¬ 
covered new evidence. 

3. On a decision of the Supreme Court reversing the 
decree of the District Court. 

Two things are to be especially noted here: — 

1. That as his application for a new trial or his appeal 
to the Supreme Court comes before his punishment, and as 
the granting of a new trial sets aside the one already had, 
the accused will really have been tried only once. 

2. If he is acquitted on trial, he of course will not ask 
for a new trial. It is this phase of the matter that the 
provision in the Constitution is designed to protect, so that 
a person once declared innocent need not fear annoyance 
in the future. 

When have you known of private property being taken for pub¬ 
lic use ? 

1. For roads and streets. 

2. For railroads, canals, etc. 

3. For public parks, grounds for public buildings, etc. 


202 


THE NATION. 


Studies 

in 

Civics, 
p. 236. 


Show wrongs following the violation of Sixth Amendment. 

1. Were the trial not speedy , the accused would remain 
under the imputation needlessly, and not be restored to his 
former condition of confidential relation with his fellows 
as soon as he should. 

2. Were it not public , the accused would not be so likely 
to get justice. 

3. Were there no jury, he would lose the service of men 
of his own walk in life, who can understand his situation 
and sympathize with it. 

4. If he could be tried outside of his district or State, 
he might be subjected to unnecessary and burdensome 
expense. 

5. If he were not “ informed of the nature of the of¬ 
fense,” he could not prepare his defense. 

6 . Human nature is such that one feels less free to lie 
about a person before his face than behind his back. And 
if there were no cross-examination, lies could pass unde¬ 
tected. This fact would encourage “ bearing false witness.” 

7. This is discussed on page 233 of Studies in Civics. 

8 . But for this right to have counsel, the case of the 
accused would not be adequately presented. 

Find out all that you can about Common Law. 

Common Law is most frequently spoken of in contrast 
with Statute or Enacted Law. As such, it is the unwritten 
law based upon immemorial custom. It is binding unless 
superseded by statute. Hot being written or collected in 
any one book, it must be looked for largely in the decisions 
of courts. In fact, the courts by their decisions have 
materially helped to fix the principles of common law. 
Thus, when a case came up which was not covered by 
statute, the judges sought to find out what the practice had 
been in such a case, and decided in accordance therewith. 
To take a modern example, if a man should refuse to pay 
a plasterer for the door and window spaces, and the matter 


CIVIL AND CRIMINAL ACTIONS. 


203 


should come into court, the question would be, What is the studies 
prevailing custom in such a case ? Having ascertained Ci ^" cs 
that, the court would, if the practice seems to be a just p. 236 / 
one, decide the case in accordance with it. In making his 
decision, the judge would refer to this custom. It would 
then, having the sanction of the court, be looked upon as 
the law in the case. 

Distinguish between civil and criminal actions. 

1. As to parties. In a civil suit the plaintiff may be an 
individual, a firm, a corporation (commercial or municipal), 
the State, or the United States, and the defendant may be 
any of these . 1 Butin a criminal action the plaintiff is 
either the State or the general government. 

2. As to the matter at issue. A civil action has for its 
object the protection or enforcement of a private right; 
a criminal action, the punishment of a public wrong. 

What is meant by a case in equity? 

A case in which the law offers no adequate remedy, and 
which is therefore tried by a court of equity. For further 
information, see Studies in Civics , p. 207, and Dole’s Talks 
About Law , p. 502. 

When an appeal is taken, what is subject to re-examination? 

1. The decisions of the judge on admissibility of evi¬ 
dence. 

2. The charge of the judge to jury. 

3. The question whether the verdict is warranted by the 
evidence. 

4. The interpretation of the law in the case. 

5. The constitutionality of the law. 

(See Studies in Civics, pp. 99, 100.) 

What is not subject to re-examination? Why? 

The testimony or statement of fact as brought out by 
the evidence to the introduction of which no exception 

1 The United States has provided for suits against it by creating a Court of 
Claims, and most of the States permit suit to be brought in certain cases. 


201 


THE NATION. 


studies was taken by opposing counsel. This must be accepted as 
_. in settled. 

Civics, 

p. 236. Because otherwise the case would be r z-tried in the 
Supreme Court, instead of reviewed; and the jury system 
would be impotent to do the very thing that it is designed 
for — to protect the citizen. 

What conditions determine the just amount of bail? 

1. The nature of the offense. 

2. The wealth of the offender or his friends. 

Thus it would be unjust to demand as large bail from a 
person charged with petit larceny as from one charged 
with arson. And bail which might be ample in the case of 
a man who has to earn his living by manual labor might 
be of no effect in holding the son of a millionaire. 

What conditions determine the just amount of fines? 

1. The nature of the offense, including the circum¬ 
stances. 

2. The previous conduct of the offender. 

3. His opportunity for knowing better. 

What cruel pvmishments have you heard or read of? 

Formerly in all parts of Europe a large number of of¬ 
fenses were punished by maiming, branding, torturing, and 
death. Sometimes even after death the body of the con¬ 
demned was quartered or otherwise mutilated. 

Where and when were these punishments not “unusual”? 

Even in England many crimes were punishable by death. 
And in Massachusetts, even, persons were many times 
during colonial days “ branded H for heretic and R for 
rogue.” 1 

Was the Eighth Amendment necessary? 

Yes, when it was inserted. Its presence there, and the 
spirit of the times, alike conspire to render it now of seem¬ 
ingly little value. 

1 Higginson’s Young Folks’ History of the United States. 


THE AMENDMENTS. 


205 


What limit is there to the power of “the people”? 

There is practically no limit but the public conscience. 
“ The people ” are the power behind all laws, and all con¬ 
stitutions even. These they can amend or abrogate. But 
until abrogated, the power of the people, as expressed 
through their agents or representatives, is limited by the 
Constitution. Indeed, the chief purpose, perhaps, of hav¬ 
ing a written Constitution is to restrain “the majority” 
from tyrannizing over “the minority.” 

To the powers of the United States Government? 

The federal government has only those powers that are 
expressly or impliedly granted to it in the Constitution. 

To those of the State government? 

The State can do anything not forbidden to it in the 
Constitution of the United States. The State Legislature 
can do anything not forbidden in the national or the State 
Constitution. 

Find the history behind each of the ten amendments. 

(To answer this question necessitates much reading. It 
was inserted not with the idea of getting an immediate 
and categorical answer, but for the purpose of placing it 
in the student’s mind, to be thought of during his reading 
of English and other history. 

An answer, reasonably satisfactory for the time being, 
may be made from the comments in the text-book. Stu¬ 
dents will get additional information by reading Hallam’s 
Constitutional History of England , Story’s Commentaries 
on the Constitution of the United States , and Scott’s De¬ 
velopment of Constitutional Liberty in America , and similar 
books.) 

From what country did we obtain these notions? 

From England. 

From what other country could the United States have sprung? 

From no other, because in no other were the elements of 
human liberty so fully developed or so carefully guarded. 


Studies 

in 

Civics, 
p. 237. 


206 


THE NATION. 


Studies 

in 

Civics, 
P- 237- 


Studies 

in 

Civics, 
P- 243- 


Tabular View of Constitutional Guaranties. 

I. From Legislative oppression. 

1. Thought — Amendment I. 

2. Expression — Amendment I. 

3. Bills of attainder — I. 9:3; I. 10:1. 

4. Ex post facto laws—I. 9:3; I. 10:1. 

5. Social distinctions — I. 9:8; I. 10:1. 

6 . Assembly — Amendment I. 

7. Petition—Amendment I. 

II. From Executive oppression. 

1 . Military—I. 8:12-16; Amendments II. and III. 

2. Searches and seizures — Amendment IV. 

3. Life, liberty, or property — Amendments V. and XIV. 1. 

4. Suspension of habeas corpus—I. 9:2. 

III. From Judicial oppression. 

1. Arrest — Amendment V. 

2 . Bail—Amendment VIII. 

3. Information as to accusation — Amendment VI. 

4. Time of trial — Amendment VI. 

5. Publicity — Amendment VI. 

6 . Evidence — Amendments V. and VI. 

7. Counsel — Amendment VI. 

8 . Punishment—Amendment VIII. 

9. Re-trial — Amendment V. 

10. Treason — III. 3: 1, 2. 

IV. From State oppression — I. 10; IV. 2: 1; Amendments 

XIII., XIV. 1, and XV. 

POWERS OF STATES. 

What is meant by a State “repudiating” a debt? 

Declaring the debt void, and refusing to pay it. 

What States have done so? 

Most of the States that seceded in 1861; and the States 
of Michigan and Minnesota, in part. 

What reasons did each assign? 

The Southern States claimed that the debts were dis¬ 
honestly imposed upon them by “ carpet-bag ” administra- 


POWERS OF STATES. 


207 


tions; and that, therefore, they were not in honor bound 
to pay them. 

Minnesota early in her history issued some bonds to aid 
in the construction of a railroad. As the road was never 
built, many people of the State felt that it ought not to 
pay them. But as the bonds had got into the hands of 
innocent purchasers, the State compromised by paying the 
face of the bonds, without interest. 

Can a city or a county repudiate? 

No. They are not “ sovereigns; ” they can be sued in 
the courts, and by order of the court the debt may be 
placed on the tax-levy and collected with other taxes. 

Were Amendments XIII., XIV., and XV. constitutionally adopted? 

Yes. They were proposed as provided in the Constitu¬ 
tion (Article V.), and were ratified by twenty-seven of the 
thirty-six States — that is, by three-fourths of them. 

The student would do well to read the references given 
in the text-book. 

How was slavery abolished in each of the States? 

(See page 343 of Studies in Civics.') 

What does the Emancipation Proclamation say about slavery? 

1. That in certain specified States and parts of States, 
then in rebellion, the slaves were thenceforth free. 

2. That elsewhere (in the excepted parts) the condition 
was “ precisely as if this proclamation were not issued.” 

The student should carefully read the Proclamation, 
which may be found on pages 362, 363, of Studies in Civics. 

Can slavery exist in Alaska? Why? 

No. Because the Thirteenth Amendment says that sla¬ 
very shall not exist in any place subject to the jurisdiction 
of the United States. 

Are you a citizen of the United States? 

This is to test the student’s ability to interpret the first 
sentence of the Fourteenth Amendment. The student is a 


Studies 

in 

Civics, 
P- 243 - 


208 


THE NATION . 


studies citizen of tlie United States if he (or she) can answer 
C .^ cs affirmatively each of the following questions : — 
p. 243 / 1. Were you bom in the United States ? 

2. Are you subject to the jurisdiction thereof ? 

Or he (or she) is a citizen if he (or she) can answer 
affirmatively any one of these questions : — 

1. Have you become naturalized ? 

2. Did your father become naturalized before you be¬ 
came of age? 

3. Is your husband a citizen of the United States ? 

4. Were you a citizen of Texas (or any other territory 
annexed to the United States) at the time of the annexa¬ 
tion ? 

The student should see that citizenship may be acquired 
in any one of five ways, as follows: — 

1. By birth. 2. By naturalization. 3. Through one’s 
father. 4. By marriage (females only). 5. By annexa¬ 
tion treaty. 

Students should be warned that this applies as much to 
females as to males, and that children are citizens just as 
fully as grown people. 

How may an alien become a citizen? 

In any one of the last five ways specified above. (See 
Studies in Civics , pp. 319, 320.) 

May a person be a citizen of the United States without being a 
citizen of any State? 

Yes. He may reside in a Territory, or in the District of 
Columbia, or in some foreign country. (See also second 
answer below.) 

May he be a citizen of a State without being a citizen of the United 
States ? 

Yes. A person who can vote in a State is surely a citi¬ 
zen thereof. And many States allow persons to vote who 
have simply declared their intention to become citizens of 
the United States. (See Studies in Civics, pp. 300, 301.) 


CITIZENSHIP — THE CENSUS. 

How does a citizen of the United States become a citizen of a cer¬ 
tain State? 

By becoming a resident of that State. 

What are some of the “ privileges and immunities” of a citizen of 
the United States? 

Citizens and aliens are alike protected in life and prop¬ 
erty within the United States. 

Among the special privileges of citizens are : 1. Voting; 
2. Holding public office; 3. Protection while traveling in 
foreign countries. 

Can a Chinaman become a citizen? 

No. This has been expressly forbidden by Congress. 

Can an Indian? 

Yes; by severing his tribal relations, and assuming the 
garb and practices of white civilization. 

Does this section give women the right to vote? 

No. It so defines citizenship as to include them. But 
there are many citizens who cannot vote; for example, 
children. The elective franchise is a privilege or political 
right; and it is granted by the several States, not by the 
United States. 

What provision is amended by Amendment XIV., section 2 ? 
What change is made ? 

Article I., section 2, clause 3. It cuts out that part of 
the first sentence which (in the Studies in Civics , page 128) 
is inclosed in brackets. 

The student should read I. 2: 3, as it originally stood, 
and then read it leaving out the matter in brackets. He 
will see that now “ all persons ” are counted, “ except In¬ 
dians not taxed.” 

How often does the “counting” take place? 

Once in ten years; in the years ending with a cipher. 


209 

Studies 

in 

Civics, 
p. 243. 


What is it called? 

It is called “ the census.” 


210 


THE NATION. 


Studies 

in 

Civics, 

P- 243- 


When will the next one occur? 

In the year 1900. 

Has the penalty mentioned in the second section ever been in¬ 
flicted ? 

No. 

Name persons affected by the third section of the Fourteenth 
Amendment. 

Jefferson Davis, Alexander H. Stephens, Robert Toombs, 
John B. Floyd, Robert E. Lee, Joseph E. Johnston, and 
others. 

Name persons from whom the disabilities were removed. 

They had been removed by 1872 from the great body of 
ex-Confederates; and within a few years more, they had 
been removed from practically all except Jefferson Davis. 
He did riot wish them removed from him. 

How were they removed? 

By Act of Congress. 

They were removed from many by name. In 1872 a 
general Act of Congress removed the disabilities from all 
except those who had been members of the Thirty-sixth and 
Thirty-seventh Congresses, heads of departments, and a few 
other classes. The disabilities of these have since been 
removed. 

May these persons vote? 

Yes ; they may not only vote, but also hold “ any office 
of profit or trust under the United States or any of them.” 
Some of those formerly disqualified have since become 
governors of States, members of Congress and of the Cabi¬ 
net, and one (L. Q. C. Lamar) was recently a member of 
the Supreme Court of the United States. 

What provision of the Constitution is modified by the last sen¬ 
tence of this (third) section, and how? 

The first clause of the second section of Article II., 
which empowers the President to grant reprieves and par¬ 
dons in all cases except that of impeachment. This sen- 


THE NATIONAL DEBT. 


211 


tence gives to Congress the power to “ remove disabili¬ 
ties.” 

Head Among the Lawmakers , 236, 237. 

How much money was expended in suppressing the rebellion? 

In round numbers about $6,000,000,000. 

How was it raised? 

1. By duties on imports. 2. By international taxation, 
such as taxes on certain manufactures, on written instru¬ 
ments, and on incomes. 3. By the sale of bonds and the 
issuance of greenbacks. Of course the sale of public lands 
and postal receipts contributed something too. But the 
post office has never been run as a source of revenue. 

How much of the debt has been paid? 

About $2,000,000,000. 

How much remains unpaid? 

Less than $1,000,000,000. (Part of this is “ green¬ 
backs,” which will continue to circulate as money, and 
should hardly be counted.) 

Did you ever see a United States bond or note? 

Probably few of the students have seen a U. S. bond, but 
all may see a U. S. note or “ greenback.” 

It would be interesting to the students for the teacher to 
exhibit a bond or note or both, and have the class read the 
face with care. (There are five different kinds of paper 
money now in circulation. Can the students distinguish 
them ?) 

How much is a Confederate bond for $ 1,000 worth? Why? 

Nothing, except as a curiosity. 

Because the Fourteenth Amendment declares that it 
shall not be paid. 

Have any emancipated slaves been paid for by the Government? 

Yes, those owned in the District of Columbia, by act of 
of Congress in 1862, were paid for at the rate of $300.00 
each. (See Johnson’s Cyclopaedia , “ Abolition of Slavery.” 


Studies 

in 

Civics, 
P- 243- 


212 


THE NATION. 


Studies 

in 

Civics, 
p. 243 . 


What is the necessity of the clause commencing “ The Congress 
shall have power”? 

In a certain sense there is no necessity for it, because Con¬ 
gress would without it have the power which it formally 
grants. But the formal statement removes all question 
which might be raised by those who claim that Congress 
has no power which is not expressly granted. Besides, 
it secures to the federal courts cognizance of offenses 
against these provisions. 

What is secured to the Congress by Amendments XIII., XIV., 
and XV.? 

The Thirteenth gives them freedom; the Fourteenth, 
citizenship; and the Fifteenth, franchise. 

Name persons who are citizens but cannot vote. 

The wives and children of citizens, and all citizens re¬ 
siding in the Territories. 

Name three eminent colored men. 

Frederick Douglass, B. K. Bruce, and Toussaint L’Ouver- 
ture. 

What clause could be omitted from the Constitution without af¬ 
fecting it? 

The last clause of the Thirteenth, Fourteenth, and Fif¬ 
teenth Amendments, beginning “ Congress shall have 
power.” 

SUGGESTIONS. 

In reviewing the subject of Studies in Civics , it will be well to 
make a comparison of the State and United States, somewhat like 
this: — 


Tories. 

United States. 

State. 

Powers. 

Those specified or im¬ 
plied. 

All not forbidden. 

Legislative Body. 

The Congress. 

The Legislature. 

Executive. 

The President. 

The Governor. 

Judicial. 

Supreme and Inferior 
Courts. 

Supreme and Infe¬ 
rior Courts. 

Jurisdiction. 

Foreign, national, and 
interstate affairs. 

Matters pertaining 
to the State. 

Method of choosing 

Most of them by ap¬ 

Most of them by 

officers. 

pointment. 

election. 








SUGGESTIONS. 


213 


Among the topics that should be emphasized in review are: The Studies 
purposes of government (the preliminary chapter); the “works” in 
that each organization undertakes, and why they are thus appor- Clvlcs » 
tioned; how justice is established, involving a comparison of the p ' 243 ‘ 
jurisdictions of the courts and an outline of judicial procedure. 

Pupils should have a bird’s-eye view of the purposes of govern¬ 
ment served by each organization, and of the consequent machinery 
that it must have to carry out those purposes. 

When the work is all done, pupils will have accomplished a good 
deal (even if they afterwards forget many of the details — which are 
used largely for illustration of the general propositions) if they have 
become somewhat stronger and more deliberate as thinkers; if they 
can more understanding^ read good current literature; and if this 
study has deepened their regard for the institutions which are their 
heritage, and which their intelligence and honor must be depended 
upon to perpetuate. 


PART IV. 

GOVERNMENT IN GENERAL. 

(See Studies in Civics , page 244.) 



PART V. 


Studies 

in 

Civics, 
p. 252. 


COMMERCIAL LAW. 


SECTION XXIV. 

(Referring to “ Studies in CivicsChapter XXXI .) 

How are the laws published ? Why ? 

They are printed in the newspapers, in order that every 
one may have a chance to see them. They are also pub¬ 
lished in book form, for those who desire them so, and are 
willing to pay for them. 

VALID CONTRACTS, AND WHY. 

1. (Lawfulness.) 

An agreement to print a libel is not valid, because the 
thing contracted to be done is not lawful. 

The same may be said about the lease of a house for 
gambling purposes. 

A contract to be executed on Sunday is not valid; be¬ 
cause working on Sunday, being recognized as subversive 
of morality, is unlawful. Works of necessity or mercy are 
excepted. 

The contract to be executed in five consecutive days 
beginning on Friday, is not binding, because it includes 
Sunday. 

If the work was that of removing goods from a dan¬ 
gerous position, it would be valid; because this is a work 
of necessity. So is the work of a physician in visiting 
his patients. 


214 



CONTRACTS. 


215 


The agreement of a tinsmith never to work again at his 
trade is not binding, because such an agreement is regarded 
as subversive of the public good. 

His agreement not to work at it within a specified 
(short time) or in a certain town would be valid, because 
it does not forfeit and lose to the world permanently his 
skillful service. 

2. (Possibility in its nature.) 

An agreement to swim across the ocean is not binding 
because impossible in its nature. 

To pay for shoeing the horse would take 4,294,966,595 
kernels. As it would be possible to get this quantity of 
grain, the contract might be held to be binding so far as 
this condition is concerned. But the price charged would 
be so exorbitant that the contract would probably be set 
aside if carried before a court. 

An agreement to deliver goods at a certain time is bind¬ 
ing, if such delivery be possible in its nature, even if ren¬ 
dered temporarily impossible by the circumstances. 

A person is not released from responsibility by sickness. 
Of course prudence and good-nature may prompt the other 
party not to insist upon his rights immediately. 

3. (Competence of parties.) 

An agreement by an orphan to pay for necessaries at 
some future time is binding upon him; otherwise he would 
be unable to transact any business, and might have to 
starve or go naked. So the desire to protect the orphan 
from being imposed upon must sometimes give way to the 
necessities of the case. 

If the price charged is exorbitant, the orphan will be 
required to pay only a reasonable price. 

The drunken man who continues to use the horse after 
he becomes sober is bound to pay for it, because he has 
thereby ratified the bargain while competent to act. He 


Studies 

in 

Civics, 
p.252. 


216 


COMMERCIAL LAW. 


studies must do this, even if the price is greater than he would, 
c . in in his sober hours, have agreed to pay. If really exces- 
p. 252 / sive, the contract might be set aside by the court; or he 
might be required to pay only a reasonable price. 

When a married woman buys goods on credit, she is, in 
most States, regarded as the agent of her husband. 

4. (Assent by both parties.) 

The order for goods to be sent to the house is binding, 
even if nothing is said about payment, because it is implied 
that the person ordering the goods will pay for them. 

An order withdrawn before it is accepted is not binding. 
There is no contract, because the second party did not 
assent or accept. 

If an offer made for one horse is accepted under the 
impression that another horse is meant, there is no con¬ 
tract, because the parties did not assent to the same propo¬ 
sition ; their minds did not meet. 

A service permitted (if known) is a service accepted ; 
and there is an implied contract that it will be paid for. 
Thus, if during harvest a stranger gets over the fence and 
begins shocking, the owner of the grain must pay for the 
service unless he warns the man to quit. 

The St. Paul man can prevent the completion of the con¬ 
tract by taking the letter out of the post-office, or by imme¬ 
diately telegraphing his withdrawal of the offer. This 
second mode presupposes that the telegram will reach the 
Chicago man before the letter. 

5. (Consideration.) 

The agreement to pay twenty-five dollars for a silver 
dime would not be binding, because there would not be a 
reasonable consideration. 

But if for some special reason, such as that given in the 
text, the dime had extrinsic value, the consideration might 
be considered adequate. 


CONTRACTS. 


217 


The offer shouted from the fourth story window would studies 
not be binding if it called upon the fireman only to per- Ci J” cs 
form his lawful duty. But if it called upon him to take p . 253 .’ 
a risk greater than that imposed by a reasonable inter¬ 
pretation of his duty, it would be binding, and the person 
making the promise would have to keep it. 

The offer and acceptance for the dead horse would not 
be binding if the offer was made with the understanding 
that the horse would be delivered alive and well, because 
there would then be no consideration. And “ if the con¬ 
sideration fails, the contract fails.” 

The promise made under threat of spreading an infa¬ 
mous report is not binding for several reasons: First — It 
is not voluntarily assented to. The person assents “ under 
duress.” Second — There is no consideration; for the 
person is bound both legally and morally not to spread 
such a report anyway. 

But the agreement for the purpose of securing the post¬ 
ponement of the payment of a debt is binding, because 
here there is a valuable consideration. 

There are two considerations in a valid contract, that 
implied in the offer, and that implied in the acceptance. 

6 . (Freedom from fraud.) 

The sale of the ready-made suit is binding, because the 
buyer has full opportunity to know what is being worn. 

The sale of the plated watch-chain is not binding upon 
the purchaser, because it would require special skill to de¬ 
termine that it was plated ; and by allowing the buyer to 
act on the supposition that it was solid gold, the dealer per¬ 
petrated a fraud. 

The sale of the blind horse under the circumstance stated 
was valid, because the buyer had full opportunity to ascer¬ 
tain the facts. 

The sale of the house and lot is binding, because, if the 


218 


COMMERCIAL LAW. 


studies buyer did not care to out-bid the other person, he need not 
Civics ^ ave done s0 5 an d h e had full opportunity to find out the 
P . 253 . market value of such property. If, however, the increased 
price was secured by misrepresenting the amount of rent 
received, the contract of sale might be void (or would be 
voidable), because the amount of rent is known only to the 
owner and the tenant. 

The purchase of the land containing the mine would 
probably be held, under those circumstances, to be valid. 
Though it might be voidable by the vendor on the plea of 
inadequacy of consideration. 

7. (Contracts in writing.) 

An oral order for goods to the value of $500 is voidable 
on account of the size of the order. Such a contract should 
be in writing. 

But if the buyer should receive part or all of the goods, 
this would render the contract binding. 

The contract could also be made binding by the buyer's 
making a part or complete payment of the goods. 

A person indorsing a note becomes a guarantor of its 
payment. 

By making an oral statement that the debt of another 
will be paid, the person making the statement is not bound ; 
for a guaranty to be binding must be in writing. 

The oral engagement covering a period of more than one 
year is not binding. Such contracts must be in writing. 


AGENCY. 


219 


SECTION XXV. 

(Referring to 11 Studies in CivicsChapter XXXII.) 
AGENCY. 

To save space we shall put the answers to the questions 
in the first paragraph into the form of a tabulation: — 


Principal. 

Agent. 

Third Party. 

Proprietor of store. 
Wholesaler or manuf’r. 
The banking company. 
The railroad company. 
Producer or shipper. 

The firm. 

The State or the County. 

Clerk in store. 

“ Drummer.” 

Cashier. 

Conductor. 

Com’n merchant. 
The partner. 

The sheriff. 

Customer. 

Retailer or buyer. 
Borrower or customer. 
Passenger or shipper. 
Buyer. 

The person dealt with. 
Prisoner,or other party. 


May a minor act as principal? 

No; because he cannot be held responsible. 

As agent? 

Yes; if he can get any one willing to assume the respon¬ 
sibility of principal for him. 

The owner of the jeweler’s store is responsible; he is the 
principal, and the workman is his agent. 

The owner of the horse would look to the town; it being 
the principal, and the road-overseer the agent. 

If the person is notified that another claims to be his 
agent, he is responsible for the acts of the alleged agent, 
unless he repudiates the claim. 

An agent having authority to fix prices should not sell 
to himself, because he then is putting his interests in ad¬ 
verse relation to those of his principal. That is, his em¬ 
ployer’s interests demand that he get as high a price as 
possible, while his (the agent’s) interests demand that he 
get the article at as low a price as possible. 


Studies 

in 

Civics, 
P- 255. 






220 


COMMERCIAL LAW. 


Studies 

in 

Civics, 
P- 255- 


Studies 

in 

Civics, 
P- 257- 


A clerk in a store may take as many goods as he desires 
at marked prices, because he is then serving both his em¬ 
ployer and himself. 

If an agent transacts business after his principal’s death 
the contract is voidable by the heirs, even if the agent has 
never heard of his employer’s death; because “ Agency ter¬ 
minates at the death of principal or agent.” Except for 
this a contract could be imposed upon a person without his 
consent. In this case, for example, a person might act as 
agent for the heirs without any authority from them. 


SECTION XXVI. 

(Referring to “Studies in CivicsChapter XXXIII .) 

PARTNERSHIP. 

Partnerships are formed in order that, by combining 
capital or skill, the partners may prosecute the business to 
better advantage, and thus each be better off than if they 
worked apart. 

Yes; it very frequently happens that one person invests 
money while another invests skill. Thus it may happen 
that one person (say an elderly man or woman), having 
money seeking investment, may arrange with a young man 
to take charge of the business, and share the profits and 
losses according to some mutually satisfactory plan. 

No; the person who receives a percentage of the profits 
as salary is not a partner, because he is not responsible to 
outsiders for losses. He is simply an employee. 

A partner cannot sell his interest without consulting the 
other members of the firm, because of the fundamental 
principle of contracts, “ A contract to be binding must be 
assented to by both parties.” 

The reason that a fraudulent act of a partner may dis- 



PARTNERSHIP. 


221 


solve the firm is this: The basis of partnership is confi¬ 
dence. Fraud on the part of a member destroys that 
confidence; hence it removes the basis of the partnership. 
To appreciate the necessity of this trustworthiness, the 
student should remember the responsibility of the members. 
My partner has control over not only what I have invested 
in the business, but also over all that I possess which is 
not exempt from execution. Not only that, but over all 
that I may possess for years to come ; because he may not 
only lose all that we have, but he may put us so far into 
debt as to swallow up not only my present property, but 
also all that I can make for years to come. 

The heir cannot succeed to the partnership rights of his 
father, because that arrangement would nullify the great 
principle of contracts; namely, that a person cannot be 
made a party to a contract without his consent. The wis¬ 
dom of the arrangement in this case may easily be seen. 
Thus, the son cannot be counted on to inherit those things 
that are personal to his father; for instance, his experi¬ 
ence, his skill, his judgment, his trustworthiness, etc. 
Hence, though the father may have been a desirable part¬ 
ner, the son may or may not be. 

Yes; the private property of a partner may be taken to 
satisfy the debts of the firm. 

Yes; property of the firm may be taken to satisfy the 
private debts of a member of the firm, but only to the 
extent of his interest. 

No; men cannot dissolve their debts by dissolving their 
partnership. 

No; if one partner continues the business, agreeing to 
pay all outstanding debts of the firm, the retiring partner 
is not released from obligation to the creditors of the firm. 
This is merely an agreement between the partners, to which 
outsiders cannot be made a party without their consent. 
If the remaining partner does not, for any reason, pay the 


Studies 

in 

Civics, 
P- 257- 


222 


COMMERCIAL LAW. 


studies debts, a creditor may hold the retiring partner responsible. 
Civics ^ the re ^ r i n & Partner is thus held, however, he has a claim 
p . 257 .’ for the amount against his partner on their contract of 
dissolution. 

“The justice of each requirement in case of special 
partners ” may be shown as follows : — 

(a) Notice of limited responsibility must be given in 
order that persons dealing with the firm may know whom 
they are trusting. And no appearance of responsibility 
must be assumed, because this would naturally mislead. 

( b ) The articles of co-partnership must be published to 
give the proper warning to those interested. But it would 
be too expensive to keep an advertisement in the paper 
indefinitely; so it is required that the articles shall be re¬ 
corded, in order that at any time any one interested in the 
matter may be able to get the desired information. 

(c) The amount contributed by the special partners 
must be actually paid in, in order that those dealing with 
the firm as creditors may not be deceived as to its financial 
standing. 

( d) The names of the special partners must not appear 
in the firm name, lest they be understood thereby to be 
general partners. But the name of special partner is 
usually given as such on the sign of the firm; thus, 
“Smith, Jones & Co.: John Smith, "William Jones, and 
James Brown, general partners; Thomas Edwards, special 
partner. ” 

(e ) The special partner should not take active part in 
the management, lest he be thereby mistaken for a general 
partner, and the firm be thus gfven more credit than would 
be otherwise granted. Thus, a firm would have more credit 
in the market if it had a millionaire for a general partner, 
than if it had the same man as a special partner for 
$ 10 , 000 . 


CORPORATIONS. 


223 


SECTION XXVII. 

(Referring to “ Studies in CivicsChapter XXXIV.) 

CORPORATIONS. 

The “ managing body ” in a school district is the school studies 
board; in a town, the board of supervisors; in a village, Ci ^" cs 
the board of trustees ; in a city, the council; in a county, P . 257/ 
the county commissioners; in a State, the Legislature; 
in the United States, the Congress; in a railroad, the 
board of directors; in a mining company, the board of di¬ 
rectors ; in a bank, the board of directors; in a church, the 
trustees; 1 in a college, the board of trustees or regents. 

The preceding corporations may be grouped as “ public ” 
and “ private,” the first seven belonging to the first group, 
and the rest to the second. The pupil should add to the 
second list. 

If the church should refuse to pay the pastor his salary, 
his recourse would depend upon the polity of the church. 

In the majority of cases he could sue the church as a 
corporation. 

No; a bank could not lawfully buy a piece of land on 
speculation, because this is not one of the things that a 
bank is authorized by its charter to do. But it could 
buy land to build its banking-house on, because every cor¬ 
poration is authorized to buy and hold property needed 
for the prosecution of its business. Incidentally it could, 
in building its banking-house, make it for architectural 
purposes large enough to furnish ofiices besides those 
needed by itself. 

No; a county could not lend money if it had a sur¬ 
plus, for at least two good reasons: First, it has no right 


1 Called by different names in different churclies. 


224 


COMMERCIAL LAW. 


studies to have in its treasury more money than it needs; for the 
Civics excess represents unnecessary, and therefore improper, tax- 
P . 261.’ ation. And second, it is not one of the corporate powers 
of a county to lend money. 

The general powers of a corporation are : — 

(a) To sue and be sued. 

(b) To borrow money 011 its corporate credit. 

(c) To buy and hold necessary property. 

( d ) To sell such property as is no longer needed. 

The special powers of a bank are : — 

(a) To receive money on deposit. 

(b) To lend money. 

(c) To buy and sell “ exchange.” 

( d) To issue paper currency (national banks only). 

The special powers of a city are: — 

(a) To make ordinances for the government thereof. 

(b) To enforce these ordinances through its municipal 
court and executive. 

(c ) To carry on public works for the good of the city. 

( d ) To lay and collect taxes. 

When a portion of a man’s farm is taken for a highway, 
the land still belongs to him. He has granted to the public 
simply the right of way; that is, the right to pass along 
over the ground. If the road is vacated, the land reverts 
to the man again, or to the person who owns the land from 
which the roadway was originally detached. If the land 
is actually sold, hoAvever, as, for example, to a railroad 
company, it becomes, of course, the absolute property of 
the buyer. 

The boy has no right to catch the trout. They belong 
to the farmer. The boy has simply the right of way. 


COMMERCIAL PAPER. 


225 


SECTION XXVIII. 

(Referring to “ Studies in CivicsChapter XXXV.) 

COMMERCIAL PAPER. 

The following are not valid or negotiable notes: — 

No. 1 , because it is a conditional promise. No. 2 , because 
it does not promise to pay “ in money.” No. 3 , because 
the sum is not “ definite.” No. 4 , because it is not payable 
at a “ certain time; ” the time not being “ certain,” that is, 
sure to arrive , from the fact that the payee may not live to 
come of age. No. 5 , because there is no “ specified person.” 
No. 6, because it has no date, and therefore the time is not 
“certain.” No. 7 , because it is not signed; therefore no 
one has made the “ promise.” 

Nos. 8 and 9 are valid notes, because they have all the 
characteristics of such instruments. Each is “an uncon¬ 
ditional promise; ” it is “ in writing; ” the sum is “ defi¬ 
nite,” and it is “in money; ” the time is “certain;” and the 
person is “ specified.” At first sight a student will say that 
in No. 8 the time is not “certain.” But he should remember 
the word “certain” as here used implies just two things — 
sureness of arriving and ability to be located. The death of 
the father is sure to come if he is living, and the day can 
be definitely known when it does arrive. This would hardly 
be negotiable, however, because a stranger could not tell 
but that it was “past due.” No. 9 is perfect, but unusual 
in form ; the maker of the note usually places his name at 
the end instead of in the body of the instrument. 

How many parties may there he to a note? 

Three, — the maker, the indorser, and the payee. The 
maker of the note may consist of a number of persons, 
as may also the indorser. The payee must be one person, 
firm, or corporation. 


Studies 

in 

Civics, 
p. 267 . 


226 


COMMERCIAL LAW. 


Studies 

in 

Civics, 
p. 267. 


How many at least must there be? 

Two, — the maker and the payee. 

As between them, must there be a consideration? 

Yes. Without having given value in return, the payee 
cannot collect the note. But an innocent purchaser could. 
(See Studies in Civics, pp. 263, 264.) 

Must the words “for value received” appear on the note? 

No, it is not necessary; but it is prudent in the payee 
to see that they are there. The situation is this: If the 
words appear on the note, the maker, on refusing to pay, 
must not only affirm, but prove, that there was no value re¬ 
ceived ; while, if the words do not appear, the maker has 
only to deny the receipt of value, and it rests upon the 
payee to prove that there was value given. So that it is 
advisable for the payee to require the words to be inserted. 
And it might be difficult to negotiate the note without 
them. To insert them is the almost invariable practice of 
careful business men. 

A note being a contract, what things are necessary to make it 
binding ? 

1. The thing promised in return must be lawful. 

2. It must be possible in its nature. 

3. The parties (especially the maker) must be competent. 

4. It must be voluntarily signed. 

5. There must be a valid consideration (as between the 
original parties). 

6. It must be obtained without fraud. 

7. It must be in writing. (Lead pencil will do, but this 
mode of writing is unsafe for both parties.) 

Write two valid notes in different forms. 

Form I. 

$150.00. Greeley, Colo., June 23, 1891. 

Ninety days after date, for value received, I promise to pay to the 
order of Thomas J. Gray, one hundred and fifty dollars, with interest 
at the rate of ten per cent per annum. 


Clarence M. Boutelle. 


COMMERCIAL PAPER. 


227 


Form II. 

$150.00. Greeley, Colo., June 23, 1891. 

On or before September 19, 1891,1, Clarence M. Boutelle, promise 
to pay to Thomas J. Gray, one hundred and fifty dollars. Value 
received. 

The first is the usual form. The differences are : — 

1. The ways of stating the maturity. 

2. The places where the maker’s name appears. 

3. The first is negotiable; the second is not, being pay¬ 
able to Thomas J. Gray only. 

4. The first promises interest; the second does not. 

With these differences many forms could be made, and it would 
be excellent exercise for the students to require them to prepare 
(at home) a number of different forms, each student preparing, 
say, one. 

Thus, the teacher might write on the board this : — 

1 . Note like first, but non-negotiable. 

2. Note like first, but payable to bearer. 

3. Note like first, but without interest. 

4. Note like sfecond, but negotiable. 

5. Note like second, but with interest. 

Then divide the class into five sections, and let the members of 
each section prepare one of these notes for the following day, to be 
criticised in class. 

Write a negotiable note transferable without indorsement. 

This is like form number one above, except that it is 
made payable to “ Thomas J. Gray or bearer.” 

A note transferable by indorsement. 

Form number one above is such a note. 

Which is safer to carry in the pocket? Why? 

The one transferable only by indorsement; because no 
one can collect it without the signature of the payee on its 
back. 

Which imposes less responsibility if transferred? 

That made payable to bearer, because it can be trans¬ 
ferred without the payee indorsing it and thereby becom¬ 
ing responsible. 


Studies 

in 

Civics, 
p. 267. 


228 


COMMERCIAL LAW. 


Studies 

in 

Civics, 
p. 268. 


If you were taking a “bearer note,” would you require indorse¬ 
ment? 

Yes ; this is the prudent thing to do, because it secures 
for you an additional person responsible for the payment of 
the note. All persons who sign the note, either on the face 
or the back, become thereby responsible for its payment. 

A man has some non-negotiable notes; if he dies, can his heir col¬ 
lect them? 

Yes, but probably not until they have passed through 
the probate court. 

A note payable “to order” is indorsed in blank; to whom is it 
then payable? 

It is payable to the bearer. 

Students may not know much about indorsing a note. 
If so, they should be taught, both by theory and practice, 
the following: — 

To indorse a note is to write one’s name on its back. 

To indorse “ in blank ” is to write simply one’s name. 

To indorse “ in full,” the payee writes “ Pay to the order 
of (say) John Smith,” and then signs his name. The ef¬ 
fect of this to make John Smith the payee; and he may in 
a similar manner transfer the right to collect the note to 
any one else. 

May a note payable “to bearer” be made payable only “to 
order” ? 

Not by indorsement. But the word “ bearer” on the 
face of the note may be erased or scratched out by the 
maker of it, and the word “ order ” substituted. This will 
accomplish the desired result. 

When does a note cease to be negotiable? 

When it becomes mature, whether paid or not. (See 
Studies in Civics, p. 264.) 

Under what circumstances may a person have to pay a note 
which he has already paid? 

1. If he neglects to take up the note when it is paid. 

2. If he takes it up, but, without having indicated on 


COMMERCIAL PAPER. 


229 


the face that it has been paid, he loses it and it comes, be¬ 
fore maturity, into the hands of an innocent purchaser. 

What is a greenback? 

By looking at one the student will find that it says “ The 
United States of America will pay the bearer five dollars ” 
or some other sum. And he will then easily draw the correct 
conclusion, namely, that a greenback is simply a note issued 
by the general government and payable on demand. Since 
it is made payable to the bearer, it is transferable with¬ 
out indorsement. The student should also be led to see 
that because the government is so certain to do what it prom¬ 
ises, the note is accepted at its face value as money. (This 
is true notwithstanding the legal tender quality of the 
greenback. Its being legal tender necessitates the taking 
of it by a person already a creditor. But there is nothing 
to induce or compel a man, not a creditor, to take it, except 
its merit as the promise of one who will surely pay.) But 
he should see that not only is it not money, but also that 
it does not even pretend to be money ; it is simply and only 
a promise to pay money. Its value, like that of any other 
note, is due to the character of the one making the promise. 

How many parties, at least, must there be to an accepted draft? 

Three — the drawer, the drawee, and the payee. 

When does the responsibility of the drawer begin? 

When the draft comes into the hands of the payee. 

That of the person drawn upon? 

When he “ accepts ” the draft. 

How does the acceptance of a draft affect the responsibility of 
the drawer? 

He becomes a surety, or first indorser. 

If the draft is not accepted, to whom shall the holder look for 
pay? 

To the drawer. 

Are drafts negotiable before acceptance? 

They are not. 


Studies 

in 

Civics, 
p. 268 . 


230 


COMMERCIAL LAW. 


Studies 

in 

Civics, 
p. 268 . 


Compare and contrast a note and a draft. 
Points of resemblance : — 

1. Both are written. 


2. Both bind the signers. 

3. Both are negotiable. 

Points of difference : — 

1. The note has necessarily two parties ; a draft, three. 

2. In the note the maker promises payment; in the 
draft he orders payment. 

3. The note is negotiable as soon as executed; the draft, 
only after acceptance. 


Compare and contrast a draft and a check. 

Points of resemblance : — 

1. Both are written. 

2. Both are orders to pay money. 

Points of difference : — 

1. A check is always drawn by a person, bank, or cor¬ 
poration ; a draft may be drawn by any of these, but is 
usually drawn by a bank. 

2. A check is drawn on a bank; a draft may be drawn 
on an individual or a corporation, or on a bank. 

3. A check calls for immediate payment; a draft may or 
may not. 

4. A check needs no statement of acceptance; a draft 
(other than a bank-draft) does, unless it is payable on 
demand. 

Is the bank under any obligation to the holder of an uncertified 
check ? 

No. The drawer may not have any money in the bank. 

Does certifying the check release the drawer? 

No. It merely announces officially that he has money in 
the bank, and warns the bank to hold so much of his money 
to be used in paying the certified check. But if the bank 


COMMERCIAL PAPER. 


231 


should fail, the drawer or maker of the check could and studies 
would be held responsible for the payment of it. c _ in 

Is a check negotiable ? p. 268 

Yes ; just as a note is. That is, it can pass from hand 
to hand, and each person putting his name to it becomes 
responsible to all future holders of it. 

What responsibility does an indorser of a note assume? 

As stated in the preceding paragraph, he becomes respon¬ 
sible to all future holders of it. 

Of an unaccepted draft? 

The same as in case of the first indorser of a note. 

Of an accepted draft? 

That of a second indorser of a note. 

Of a check? 

That of an indorser of an unaccepted draft. 

What does “without recourse” mean? 

It is an expression whereby an indorser gives notice that 
he assumes no responsibility j that he signs his name sim¬ 
ply to transfer his interest to another person. Thus, if 
John Smith wishes to transfer a note to Edward Brown 
without assuming responsibility to any future holder of the 
note, he may indorse it in this way: “ Pay to the order of 
Edward Brown, without recourse to me. John Smith.” 

To how many persons is the maker of a note responsible? 

To all subsequent holders of it. 

The first indorser? 

To all persons who may have held the note, except the 
maker; that is, to all future holders of it. 

The second indorser? 

As before to all future holders thereof; that is, to every 
holder except the maker and the first indorser. 

How can the first indorser be distinguished from the second? 

By the position of their names, that of the first indorser 
coming before that of the second. 


232 


COMMERCIAL LAW. 


Studies To whom is the second indorser not responsible? 

in As stated above, he is not responsible to the maker or to 
p. 268 .’ the first indorser of the note. 

Who are not responsible to the holder of negotiable paper unless 
notified ? 

1. The drawee of a draft must not only be notified of the 
draft, but he must also “ accept ” it. 

2. The drawer, in case a draft is dishonored; that is, not 
accepted. 

3. Each indorser of a note or other instrument. 

Who are responsible without notice? 

1. The maker of a note. 

2. The drawee, after acceptance. 

3. The bank, after it has certified a check. 

What principle do you discover? 

That the principal debtor is responsible without notice, 
but that the contingent debtor must have notice. The one 
who says “ I will pay ” needs no notice; he who says “ I’ll 
pay if the one who should do so does not,” is entitled to be 
told promptly that the demand has not been satisfied, in 
order that he may take steps at once to make good his loss. 

When is a demand note due? A check? 

Whenever the money is asked for. 

A time note? 

Three days after the time specified in the face, unless it 
expressly says “ without grace.” 

A sight draft? 

When it is presented to the drawee for payment and is 
accepted by him. The three “days of grace” may be 
allowed here also. 

A time draft? 

Three days after the time specified on the face. 

It will be noticed that the answer in the case of the time 
note is the same as that in the case of the time draft. But 


COMMERCIAL PAPER. 


233 


it must not be forgotten that in the case of the draft the studies 

words are u -days after sight pay to the order of-” c . in 

etc.; and that, therefore, the “ time specified on the face ” p . 2 68.’ 
begins on presentation of the draft for acceptance, not at 
the date of the draft. 

What to do. 

1. When you pay a note, do two things : (a) Cancel it, 
either by marking it “ paid ” on the face, or by tearing off 
the signature. ( b ) Preserve it, so that if at any time in 
the future a question should arise regarding the note, it can 
be produced. 

2. When you make a partial payment on a note, see that 
the payment is indorsed thereon. 

3. If you should lose a note, advertise your loss imme¬ 
diately in a paper, fully describing it. 

4. If you have a note without indorsers, you need not do 
anything until the note is due; then you may demand 
your money. As a matter of courtesy you may notify the 
maker some time in advance that the note will fall due at 
such a time. Or, on the same ground, you may allow the 
note to run beyond maturity. 

5. If your note have indorsers, you must promptly de¬ 
mand payment of the principal debtor, and if he neglects 
or refuses, you must then notify the indorsers. Here again 
the courtesy of advance notice to principal and indorsers 
may be extended. 

6 . If you hold an unaccepted draft, present it at once to 
the drawee for “ acceptance.” 

7. If acceptance is refused, promptly notify the drawer. 

8 . If you hold an accepted draft, present it promptly 
for payment as soon as it matures. 

9. If payment be refused, promptly notify the drawer, 
and the indorsers if there be any. 

10. If you hold an uncertified check, the drawer is re- 




234 


COMMERCIAL LAW. 


studies sponsible without any action on your part. Of course, if 
Civics P a y meilt refused by the bank, you will demand your 
p. 268 .’ money from the drawer. Students should know that to 
draw a check on a bank, knowing that there is no money 
there belonging to the drawer, is a serious offense. If 
done with intent to defraud, it is a State-prison offense. 

11. If the check is indorsed, you must notify the in¬ 
dorsers as soon as the bank refuses payment. 

12. If the check you hold is “certified,” the bank is 
responsible without any action on your part. When you 
want your money, go to the bank and present your check. 
The bank must pay it, or close its doors. 

13. If you are a third indorser on a note, you can hold 
the first two indorsers responsible by giving them notice 
that the note has been dishonored (not paid by the maker), 
that you paid it, and that you will look to them for indem¬ 
nity against loss. 

14. If you have a “ bearer ” note, to transfer it without 
assuming responsibility, simply turn it over to the other 
person without putting your name upon it. 

15. If an “ order ” note, indorse it “ without recourse.” 


INDEX. 


Adjournment of Congress, 162. 

Affirmation, 192. (See Oath.) 

Agency, The Law of, 219, 220. 

Alabama claims, The, 130. 

Alaska, 95, 207. 

Aliens, 94, 99, 119, 208. 

Alien and Sedition Laws, 190. 

Amendments to the Constitution, ISO- 
184, 194-206 ; the Virginia plan, 86. 

Annapolis, Naval Academy at, 133. 

Appeals, 74, 201, 203; courts of, 74; 
from court of impeachment, 100. 

Army. How raised, 130, 131 ; under 
Confederation, 84 ; number of men, 
131 ; militia, 132; rules governing 
army, 134 ; regular army and volun¬ 
teers, 135 ; commander-in-chief, 157 ; 
can soldiers petition ? 196. 

Arrest, Freedom of legislators from, 
107; arbitrary arrests, 62, 199. (See 
Warrants.) 

Assessments, Political, 159. 

Assessors, Their duties, 12, 48. 

Attainder, Bill of, 142. 

Attorney, County, Salary of, 47. 

Attorney-general, Opinion of, 70. 

Auditor, Derivation of word,47; county 
auditor, 79. 

Bail. Bail bonds, 35; giving bail, 37, 
63, 204. 

Bankrupt laws, 119. (See Insolvency.) 

Banks, 122, 225, 229-234. (See Money, 
Greenbacks, Checks, Drafts, Promis¬ 
sory Notes.) 

Bill of Rights, 174, 194. 

Bills, how they may become laws, 108, 
109. 


Bonds. Official bond, 23-26; bail bond, 
35; U. S. bonds, 117, 211. 

Borrowing by the government, 116. 
(See Debt, National.) 

Boundary line, Disputes about, be¬ 
tween States, 167. 

Bread, Inspection of, 41. 

Brown, John, 169. 

Burden of proof, 56. 

Burr, Aaron, 169. 

Cabinet, The, 102, 157. 

Capital, Location of, 106. (See District 
of Columbia.) 

Capital crime, 199. 

Census, The, 95, 209, 210. 

Challenging the jury, 57. 

Chattel mortgage, 45. 

Checks, Bank, 229-234. 

Checks upon Congress, 112. 

Chief Justices of the U. S., 164. 

Chinamen. May not become citizens, 
209. 

Church and State, 82, 195. 

Church, Liabilities of a, 223. 

City, The. Compared with village, 
43; the council, 42, 43 ; passing ordi¬ 
nances, 42; dangers of city govern¬ 
ment, 44. 

Citizenship, 119, 120, 169, 170, 207 , 208, 

212 . 

Civil Actions in Court, 38, 53-58, 203. 

Civil Rights Bill, The, 174. 

Civil Service Reform, 158-160. 

Claims. Against a village, 40; the 
county, 50; the State, 71; the United 
States, 129 ; Alabama claims, 130. 

Cleveland, Grover, 148, 157. 


235 




236 


INDEX. 


Codicil, 52. 

Coins, 121. 

Collection of taxes, 48, 114. 

Colonies, The, 80-83. 

Colored Men, Eminent, 212. 

Columbia, District of, 95, 135, 166, 

211 . 

Commander-in-chief of the army, 157. 

Commerce, Regulation of, 118, 119. 
(See Railroads.) 

Commercial Law, 214-234. 

Commercial Paper, 225-234. 

Commissioner. Derivation of title, 47; 
Commissioner of Education, 72; of 
railroads, 72 ; court commissioners, 
74. 

Committee of the Whole, 107 ; of Ways 
and Means, 108. 

Common Defense, 9, 137. 

Confederation, Articles of. Defects, 
83, 178; compared with the Consti¬ 
tution, 112. 

Confession and avoidance, 54, 55. 

Congress. The two Houses of, 90-113; 
tabular view, 101, 137, 138, 151; long 
sessions of, 104; checks upon the 
Houses, 112; powers of, 114, 137,212; 
prohibitions, 138, 140; extra ses¬ 
sions, 161. 

Congress, The Continental, 91; com¬ 
pared with the Constitutional, 111. 

Congressional Districts, 92. 

Congressional Record, The, 107. 

Connecticut Plan, The, 89. 

Constables, 14, 34, 41, 70. 

Constitution. Written compared with 
unwritten, 64; definition, 65, 91; 
amendments to, 180-184, 194-206. 

Constitutional Guaranties, 206. 

Contested elections, 104, 105. 

Contracts, 143 ; with teachers, 32 ; law 
of, 214-218. 

Co-partnership, Articles of, 222. 

Copyrights, 127, 172. 

Coroners. A special duty of, 46; deri¬ 
vation of title, 47. 

Corporations, 223, 224. 

Costs, Definition of the law term, 35. 

Counterfeiting, 123. 

County boards of equalization, 49. 


Courts. Jurisdiction of, 73, 166, 171; 
district or circuit, 53, 73, 78 ; probate, 
53, 73 ; supreme, 73, 164, 75, 76, 129; 
inferior U. S., 164; military, 134; 
tabular view, 171. 

Courts-martial, 135. 

Crime, Definition of, 35, 101. 

Criminal Action and Civil Action, Dis¬ 
tinction between, 38, 39, 203. 

Custom Houses, 115. 

Dangers of city government, 44. 
Dartmouth College Case, 143, 165. 
Davis, Jefferson, 169, 210. 

Debate, Questions for, 6, 33, 42, 58, 97, 
102, 154, 170. 

Debt. The National, 116,117, 185, 211; 
imprisonment for, 143; debts to for¬ 
eigners, 166; debt of Confederate 
States, 185 ; repudiation, 206. 

Deeds, 45 ; commissioner of, 47. 
Defectsof Articlesof Confederation, 83. 
Demand note, 232. 

Demurrer, 54, 55. 

Deputy-sheriffs, 46. 

District of Columbia, 95, 135, 166, 211. 
Districts. Judicial, 53; Congressional, 

93. 

Divine right of Kings, 60. 

Docket, The Court, 34. 

Domestic violence, 181. 

Draft, Military, 132. 

Drafts, Bank, 229-234. 

Dred Scott decision, 175. (See Slavery.) 
Due de Clioiseul, 81. 

Education. (See Schools.) 

Education, Commissioner of, 72. 
Elections. Town, 15; congressional, 

94, 101, 103; presidential, 146, 154; 
contested, 103, 104. 

Electors, Presidential, 146-148. 
Eligibility, 68, 94, 150. (See Qualifica¬ 
tions.) 

Emancipation proclamation, 207, 211. 
Embargo, 118, 119. 

England, Our inheritance from, 80,205. 
England, Ambassador to, 150. 

English Constitution, 182. 

Equality of men, 60. 



INDEX. 


287 


Equity, 65. 

Evidence in Court, 54, 56. 

Exceptions, Noting, 74. 

Execution, Writ of, 35; property ex¬ 
empt from, 36. 

Executive Department, The. Of town, 
village, and city, 77 ; of State, 6S-72 ; 
of United States, 145-164. (See Pres¬ 
ident ; Governor.) 

Executive Session of Senate, 158. 

Executor of will, 52. 

Expenses of State Government, 71. 

Ex post facto laws, 62, 142. 

Expulsion of members of Congress, 105. 

Extra Sessions of Congress, 103, 161. 

Extradition Treaties, 175. 

Felony, Definition of, 35, 101. 

Feudal tenure, 61. 

Fines, 204. 

Flogging in army and navy, 135. 

Foreign coins, 122. 

Fourteenth Amendment, Persons af¬ 
fected by, 210. 

France. Why she helped America, 
81. 

Franking privilege, The, 126. 

Franklin, Benjamin, 123. 

Free Speech, 195. 

Free trade, 118. 

Freedom from arrest, 107. 

Fugitive Slave Law, 175-177. (See 
Slavery.) 

Gambler, Guardian for, 46. 

Geneva award, 131. 

Gold coins, 121. 

Good blood, 60. 

Government. Why necessary, 9 ; gen¬ 
eral view of, 156. 

Governor. Qualifications, 68 ; salary, 
68 ; election, 69 ; duties, 69, 99 ; com¬ 
pared with president, 154; veto 
power, 70; appointing power, 79. 

Grand Jury, The, 57, 63, 200. 

Grant, Lieutenant-General, 157. 

Greenbacks, 143, 211, 229. 

Guaranties of Personal Rights, 206. 

Guardians, for minors, 53; for gambler, 
46. 


Habeas Corpus, Writ of. By whom 
issued, 74 ; use of, 37, 63, 140; in war 
time, 61. 

Hamilton’s plan for a Federal Govern¬ 
ment, 89. 

Handcuffs, 63. 

Harrison, Benjamin, 148. 

Hartford Convention, 190. 

Hayes and Wheeler, 149. 

Heir and legatee, 52, 221, 228. 

High crime, 101. 

Immigration, 73. 

Immunities of legislators, 107. 

Impeachments, 100, 101, 152, 162. 

Income of the U. S. Government, 115, 
116. 

Incorporation of villages, 40-42. 

Indians. Selling liquor to, 171; may 
become citizens, 209. 

Indictments, 57, 63, 200. 

Indorsement, 227, 231, 234. 

Infamous crime, 199. 

Insolvent law, 120. 

Inspection of meats,41; of kerosene, 72. 

Invasion, Protection against, 180. 

Iron-clad oath, 192. 

Jail, Keeper of the, 46. 

Jefferson, Thos., 84, 161. 

Jeopardy, 63. 

Johnson, President, 100, 162. 

Johnson, It. M., 149. 

Judges. (See Courts; Judicial Depart¬ 
ment; Justice.) 

Judicial Department, The. Of town, 
village, county, and city, 77 ; of State, 
73-76; of United States, 164-173; ap¬ 
pointment of judges, 170. 

Juries, 57, 200. 

Jurisdiction of the Courts, 54, 55, 73, 
166-169, 171, 172, 173. 

Justice, Administering. In towns, 34; 
in counties, 53; district or circuit 
courts, 53 ; jurisdiction of the courts, 
73, 166-169. 

Justices of the Peace, 14, 34, 53. 

Kentucky Resolutions of 1798, 190. 

Kerosene, 72. 



238 


INDEX. 


Land Commissioner, 72. 

Law, Definition of, 65, 91; bankrupt 
law, 120; common law, 202; com¬ 
mercial law, 214-234; ex post facto, 
62; insolvent, 120. 

Lawyers, officers of court, 58. 

Lease. Of agricultural lands, 62; of 
house for gambling purposes, 214. 

Legal advice, 70. 

Legal tender, 122. 

Legatee and heir, 52. 

Legislative Department, The. Of town, 
77 ; of village or city, 77 ; of State, 
65-68; of Nation, 85-88. (See Con¬ 
gress.) 

Legislatures. The two houses, 66, 91; 
sessions of, 66; national legislature, 
Virginia plan for, 85; Hamilton’s 
plan, 88. (See Congress.) 

Libel, Cl, 195, 214. 

Liberty, Personal. Guaranties of, 63, 
194 ; tabular view, 206. 

Lieutenant-governor, 70. 

Madison, James, 84. 

Mails. Sending money by, 124; robbery 
of, 165. 

Marque and reprisal, 130. 

Marriage, 173. 

Mayor of a city, The, 70. 

Meats, Inspection of, 41. 

Message, President’s, 161. 

Michigan, 206, 207. 

Military power, The, 62. 

Militia, The, 131, 135, 197. 

Minnesota. School fund, 71; public 
institutions, 72; decision of supreme 
court, 75; murder trial, 166; debtor 
in Montana, 168; repudiates a debt, 
206, 207. 

Minor. Guardians for, 53 ; cannot act 
as principal, 219. 

Mint, The U. S., 121, 122. 

Misdemeanor, Definition of, 35, 101. 

Missouri Compromise, 168. 

Mobs, 61. 

Money, 121-123, 143. (See Banks.) 

Mormon, 60. 

Mortgages, 45. 

Nation, The, 80-212. 


National banks, 122. 

Naturalization, 118, 119. 

Naval Academy, U. S., 133. 

Navy, The, 133, 134. 

Negotiable notes, 225-228. 

Nevada, representation in Congress, 92. 

New Jersey Plan, The, 88. 

New York. Supreme court, 74, 75, 76; 
debtor in Minnesota, 173. 

North Carolina, 193. 

Notes, Promissory, 225-227. 

Nullification, 189-192. 

Oath. How administered, 36; of law¬ 
yers, 5S ; of President and Vice-Pres¬ 
ident, 153 ; not a religious test, 192 ; 
test oath act, 168. 

Officers of the Town, 11. 

Ontario, Province of, 91. 

Oral contracts and agreements, 218. 

Ordinance, City, how passed, 42. 

Orphan, Agreements made by an, 215. 

Pardons, 70, 157. 

Parliament, how prorogued, 162. 

Partisan removals, 159. 

Partnership, 220-222. 

Passports, 61. 

Patents, 128. 

Personal Property, A r alue of, 13. (See 
Private Property.) 

Pertinent Questions, 5. 

Petit Jury, The, 57, 200. 

Petitions, 19, 61, 196. 

Phelps, E. J., 150. 

Pirates, 130. 

Pitt, William. Reply to Walpole, 96. 

Pleadings at Court, 34. 

Policemen, 41. 

Polygamy, 60. 

Ports of Entry, 115, 142. 

Postage stamps, 124. 

Post-Office Department, The, 123; send¬ 
ing money by mail, 124; rates of 
postage, 126 ; robbery of mails, 165 ; 
post-master general, 123. 

Powers. Of State Senate, 67 ; of House 
of State Representatives, 67, 68; of 
Congress, 114-137, 212 ; of President, 
163 ; of States, 206-213 ; of a corpora¬ 
tion, 224. (See Prohibitions.) 



INDEX. 


239 


Preamble, The, 91. 

Presentment, 200. 

Presents from foreign governments, 
142. 

President, The, 145-163; inauguration, 
145; length of term, 145; election, 
145-150; succession, 151; compared 
with governor, 154 ; message to Con¬ 
gress, 161 ; tabulation, 163. (See 
Executive Department.) 

Private property for public use, 61, 201, 
224. 

Privateers, Some well-known, 130. 

Privileges and immunities, 209. 

Prohibitions. On the United States, 
138 ; on the States, 138, 144 ; on Con¬ 
gress, 140-144. (See Powers.) 

Promissory notes, 225-229. 

Proof, Burden of, 56. 

Qualifications. For governor, 6S-69; 
for supreme court judge, 75; for 
members of Congress, 92-94; for 
U. S. senators, 99 ; for president, 150. 

Quartering soldiers, 62, 198. 

Quit-claim deed, 45. 

Quorum, 109. 

Railroads, fares on,72; restrictions, 119. 

Randolph, Edmund, 85. 

Ratification of Amendments, 184, 194. 

Real estate, Value of, 13. 

Rebellion, Cost of the, 211. 

Recognizance, Definition of, 35. 

Reference books, 8. 

Register of Deeds, 47. 

Removals from office, 159, 160. 

Reporter of supreme court, 75. 

Representation in Legislative Assem¬ 
blies, 80-83. 

Representatives, House of. State, 66; 
powers of, in State Legislatures, 67 ; 
national, tabular view of, 90, 101; 
general account of, 91-94, 96, 104; 
number of members, 93; rules of, 
106; salaries of members, 106, 107. 
(See Legislative Department.) 

Republican government, Definition of, 
180; guaranteed, 86. 

Repudiation, 206, 207. 


Resignations. To whom sent, 78, 79, 
99 ; to accept other offices, 108. (See 
Vacancies.) 

Resolutions, 109-111. 

Revolution, The, 81-83. 

Rhode Island, 193. 

Roads. Overseers, 14, 17, 21, 27, 28; 
maintenance of, 29, 30 ; road-tax, 30; 
town and village roads, 44. 

Salaries. Of county attorney, 47 ; of 
members of Congress, 107 ; of Presi¬ 
dent, 153, 163; of Vice-President, 154. 

Schools. National superintendent, 
72; State superintendent, 77 ; officers 
in district, 29 ; school meetings, 30; 
school funds, 31, 33, 50, 71; school 
lands, 72 ; teachers, how chosen, 31; 
buildings and grounds, 32; corporate 
powers of school district, 32 ; should 
bachelors pay school tax ? 33; how 
taxes are collected, 50. 

Scrap-book, Pupils’, 7. 

Search Warrant, 198. 

Secession, 192. 

Senate. Derivation of term, 66; pow¬ 
ers of State Senate, 67; U. S. Senate, 
96-101 ; number of members, 98 ; ajj- 
pointments by, 158; executive ses¬ 
sion, 158. (See Legislative Depart¬ 
ment .) 

Senatorial courtesy, 159. 

Sessions. Of Legislature, 66; of Con¬ 
gress, 103, 104. 

Sheriffs. If the sheriff were a pris¬ 
oner, 46; derivation of title, 47; his 
official status, 69. 

Sidewalks in villages, 40. 

Sight draft, 232. 

Silver coins, 124. 

Slander, 60, 195. 

Slavery. When introduced, 140; abo¬ 
lition of, 136, 207, 211. (See Fugitive 
Slave Law.) 

Soldiers. Quartering of, 62, 198 ; can¬ 
not petition, 196. (See Army.) 

Sovereignty, State, 186-189. 

Standard weights and measures, 123. 

Star routes, 127. 

State board of equalization, 49. 



240 


INDEX. 


States. General view of the govern¬ 
ment of, 60-80 ; prohibitions, 138,144; 
admission of new, 98,178; States out 
of the Union, 180, 181, 184; sover¬ 
eignty of States, 186-189; powers of, 
205, 206-212. 

Subpoena, The, 35. 

Succession. To governorship, 69; to 
presidency, 151. 

Summons, The, 34, 107. 

Sunday, not a working day, 214. 

Superintendent, State, of schools, 77. 

Supervisor. Derivation of title, 47. 

Supervisors of Towns, 11, 21, 22, 27. 

Supreme Court, 73, 75, 76, 129, 164, 167. 
(See Appeals; Unconstitutional Acts; 
Judicial Department.) 

Suspension of writ of habeas corpus, 
61, 141. 

Tariff, The, 116, 118. (See Income of 
the United States.) 

Taxes. How levied, 13 ; to whom paid, 
and how, 48 ; road-tax, 28; taxing a 
bachelor for support of schools, 33 ; 
board of review, 49 ; board of equal¬ 
ization, 49; who vote taxes, 49; di¬ 
rect taxes, 94 ; indirect taxes, 114 ; 
the gist of the matter in a table, 50. 

Teacher. How chosen, 31; paid, 50. 

Tenants, 198. 

Territories. Why they wish to become 
States, 80, 178; power of Congress 
in, 129. (See States.) 

Test Oath Act, 168. 

Texas. Admission of, 120; tAvo supreme 
courts in, 74. 

Time draft and note, 232. 

Titles of honor, 143. 

Town, The, 11, 12; officers, 13; town¬ 
meeting, 14, 18, 20, 21; town roads, 
44 ; compared with village, 41. 

Treasurer of town. Duties, 12 ; report, 

22 . 

Treason, 169. 


Treaties, 158, 175, 189. 

Trial by jur^, 58. 

Unconstitutional acts of Congress, 167. 

Vacancies, how filled. In U. S. Senate, 
99 ; in electoral college, 146 ; in pres¬ 
idential office, 151, 152. (See Resig¬ 
nations.) 

Valuation of property, 48, 49. 

Venire, Definition of, 35. 

Venue, Change of, 35. 

Veto Power, The, 70, 109, 161. 

Vice-President, The, 99, 100, 150, 151, 
153,154. (See President.) 

Villages. Incorporation of, 40; liabili¬ 
ties of, 40; organization of, compared 
with town, 41; with city, 43 ; village 
roads, 44. 

Virginia Plan, The, 84-88 ; Itesolutions 
of 1799, 190. 

Voters and voting. At toAvn-meetings, 
15; voting by proxy, 17; votes for 
President, 148; Avho may vote for 
Congressmen, 92 ; Avomen, 209. 

War. Declaration of, 130; the Secre¬ 
tary of, 132. (See Army.) 

Warrants, 37, 61, 62,198. (See Arrests.) 

Warranty deeds, 45, 46. 

Washington, George, 161. 

Weapons, Carrying, 62, 197. 

Webster, Daniel, 143. 

Weights and measures, 123. 

West Point Military Academy, 132. 

Wills. Hoav made, 51, 52. 

Witnesses. In court, 56; Avho may not 
be, 36; compulsory process, 63 ; wit¬ 
nesses to Avills, 51, 52. 

Women. As school officers, 30; eligi¬ 
ble to Congress, 96; may become 
citizens, 120, 208; cannot vote, 209. 

Writing, Contracts made in, 218. 

Wyoming, 166. 

Young man, 96. 





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